Muhammad ibn Safwan, [or Safwan] (26) ibn Muhammad (27), said: I hunted two rabbits and slaughtered them at Marwa, then I asked the Messenger of Allah (may Allah bless him and grant him peace), and he ordered me to eat them. Narrated by Abu Dawud (28). And because it is a pleasant animal that does not possess fangs, it resembles the gazelle.

Section: The rock hyrax (wabr) is permissible (29). This is the opinion of ‘Ata’, Tawus, Mujahid, ‘Amr ibn Dinar, al-Shafi‘i, [and Ibn al-Mundhir] (30), and Abu Yusuf. The Judge (al-Qadi) said: It is prohibited. This is the view of Abu Hanifa and his companions, with the exception of Abu Yusuf. Our position is that it is subject to a ransom (fidyah) if killed while in the state of Ihram or within the Haram, and it is like the rabbit; it feeds on plants and herbs, so it is permissible like the rabbit. Furthermore, the base principle is permissibility, and the general nature of the scriptural texts demands it, and no prohibition regarding it has been transmitted, so its permissibility is binding.

Section: Ahmad was asked about the jerboa, and he granted a concession for it. This is the view of ‘Urwa, ‘Ata’ al-Khurasani, al-Shafi‘i, Abu Thawr, and Ibn al-Mundhir. Abu Hanifa said: It is prohibited. This has also been narrated from Ahmad, as well as from Ibn Sirin, al-Hakam, Hammad, and the proponents of ra’y (scholarly opinion), because it resembles the mouse. Our position is that ‘Umar ruled regarding it as requiring a jafra (a young goat) (31). And because the base principle is permissibility, provided no prohibition has been transmitted regarding it (32). As for the squirrel, the Judge (al-Qadi) said: It is prohibited because it bites with its fangs, so it resembles the rat. It is also possible that it is permissible because it resembles the jerboa; whenever there is doubt between permissibility and prohibition, permissibility is given precedence because it is the base principle, and the general nature of the texts demands it.