and he sees no harm in eating it. Abu Hanifah, al-Thawri, and Malik said: It is forbidden. Something similar was narrated from Sa'id ibn al-Musayyab because it is among the beasts of prey (sibā'), and the Prophet (peace be upon him) forbade eating every beast of prey that has fangs. It is a beast of prey, so it falls under the general prohibition. It was narrated from the Prophet (peace be upon him) that he was asked about the hyena, and he said, "And who eats the hyena?" Our evidence is what Jabir narrated, saying: The Messenger of Allah (peace be upon him) commanded us to eat the hyena. I said: Is it game? He said: Yes. Ahmad used this as an argument. In another wording, he said: I asked the Messenger of Allah (peace be upon him) about the hyena, and he said: "It is game, and a ram should be given as compensation (in the event of hunting it while in the state of ihram)." Narrated by Abu Dawood. Ibn Abd al-Barr said: This does not contradict the hadith of the prohibition regarding every beast of prey with fangs, because it (the hadith about the hyena) is stronger than it. We say: This is specification (takhsīṣ), not contradiction, and it is not required for the specifier to be of the same rank as the specified, as evidenced by the specification of the general meaning of the Quran by solitary reports (akhbār al-āḥād). As for the report which states: "And who eats the hyena?" it is a long hadith narrated solely by Abd al-Karim ibn Abi al-Mukhariq, and he is a narrator whose hadith is abandoned (matrūk). Furthermore, it has been said that the hyena does not have fangs. I have heard those who mention that all of its teeth are one piece of bone like the plate of a horse's horseshoe. According to this, it does not fall under the general prohibition. And Allah knows best.
1744 - Issue: He said: (And theriac is not to be eaten, because there is snake meat in it.)
Theriac is a medicine used to treat poison, and snake meat is put into it, so it is not permitted to consume it.
(8) In [B] and [M]: "it is". (9) Omitted from the original, [A], [B]. (10) Its documentation was previously mentioned on page 320. In [B]: "hyenas" (ḍibāʿ) instead of "beasts of prey" (sibāʿ). (11) Narrated by al-Tirmidhi, in: Chapter on What Was Said Regarding Eating the Hyena, from the Chapters on Food. ʿĀriḍat al-Aḥwadhī 7/293. And Ibn Majah, in: Chapter on the Hyena, from the Book of Hunting. Sunan Ibn Majah 2/1078. (12) In the original, [A], [B]: "a ram" (kabshan). The established reading is in [M] and the Sunan. (13) Its documentation was previously mentioned on 5/397. (14) In [M]: "contradicts" (muʿāriḍ). (15) In [B], [M]: "specifier" (mukhaṣṣiṣ). (16) In [M]: "like the plate" (ka-ṣafḥat). (1) Omitted from [M].
