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Food is essentially permissible. Clean foods that are not harmful consisting
of grains and fresh produce and others can be eaten. Things that are najis
such as dead carcasses and blood are not permissible to be eaten. Similarly,
that which is harmful like poison and the like should not be consumed. All
land animals are permissible to be eaten except the donkey and animals that
have tusks and canines which can tear flesh excluding the hyena. Examples
are the elephant, lion, tiger, wolf, dog, pig, jackal, weasel, tomcat, ferret,
monkey and bear. Birds that have talons which are used to hunt like the
eagle, falcon, hawk, Indian falcon, sparrow hawk, kite and owl are not per
missible to be eaten either.
“Book of Food”: That is, explaining the different types of food that are permis
sible for consumption and those which are not. The word al-at'imah (plural of
ta’am) here refers to both foodstuff and drinks.
“Food is essentially permissible”: As mentioned by Allah in the following
ayah: {It is He who created for you all of that which is on the earth.}697
697 Al-Baqarah: 29
A Commentary' on Zad al-Mustaqni
“Clean foods”: As opposed to dirty food which is not permissible for con
sumption. Allah says: {And makes lawful for them the good things and pro
hibits for them the evil.}698
“That are not harmful”: To protect oneself front consuming poisonous sub
stances and other materials than can normally kill. Therefore food that is al
lowed must have two factors: (i) it must be clean and (ii) it must not be harm-
flil.
“Consisting of grains and fresh produce and others”: I.e. clean and nutritious
types of food.
“Things that are najis such as dead carcasses and blood are not permissible to
be eaten”: This is because Allah says: {Prohibited to you are dead animals and
blood.}699
“Similarly, that which is harmful like poison and the like should not be con
sumed”: As mentioned in the ayah: {And do not throw [yourselves] with your
[own] hands into destruction.}700
“All land animals are permissible to be eaten except the donkey”: Based on the
hadith transmitted by Jabir that the Prophet % forbade the consumption
of donkey meat and allowed the consumption of horse meat on the day of
Khaybar.701
“And animals that have tusks and canines which can tear flesh”: To rip apart
the prey. This is based on the hadlth transmitted by Th’alabah al-Khashanl
who said, “The Messenger of Allah M forbade us from eating any predatory
animal that had a canine or tusk.”702
“Excluding the hyena”: The hyena is permissible for consumption even though
it tears flesh with its canine teeth. This is based on the hadith transmitted by
698 Al-A’raf: 157
699 Al-Ma idah: 3
700 Al-Baqarah: 195
701 Reported by al-Bukhari (5/173), (7/123), Muslim (6/65), Ahmad (3/361, 385) and Abu
Dawud (3788).
702 Reported by al-Bukhari (7/124,181), Muslim (6/59, 60) and Ahmad (4/193,194).
778
The Book of Food
Jabir, “The Messenger of Allah M ordered us to eat the hyena.”
“Examples are the elephant, lion, tiger, wolf, dog, pig, jackal, weasel, tomcat,
ferret, monkey and bear”: These are examples of animals with tusks and canine
teeth which cannot be consumed based on the hadith mentioned previously.
“Birds that have talons which are used to hunt”: Based on the hadith trans
mitted by Ibn ‘Abbas: “The Messenger of Allah ^ forbade us from eating any
predatory animal that has canine teeth and any bird that has talons.”703
“Like the eagle, falcon, hawk, Indian falcon, sparrow hawk, kite and owl”:
These are examples of birds that have talons which are not permissible for
consumption.
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And that which eats carrion like the vulture, stork, magpie and raven—a
greyish black bird which is smaller than the crow—and those which are
unpleasant like the hedgehog, porcupine, rat, snake, all insects, bat and an
animal born from a type that can be consumed and an animal that cannot be
consumed, such as the mule.
“And which eats carrion”: This is in reference to the kinds of birds which are
forbidden for consumption.
“And that which eats carrion like the vulture, stork, magpie and raven—a grey
ish black bird which is smaller than the crow”: These are examples of birds
that are forbidden for consumption as they feed on carrion. This prohibition
is based on the hadith where the Prophet M said, “Five things are fawasiq:"704
He went on to name the crow, which eats carrion. Hence, other carrion-eating
birds are also not permissible for consumption.
703 Reported by Abu Dawud (3803)
704 Reported by Muslim (4/17), Ahmad (6/97,203), al-Tirmidhi (837) and Ibn Majah (3087)
from the narration of‘Aishah. the full form of the hadith is, “Five fawasiq should be killed in the
sacred precinct or otherwise: the snake, spotted crow, rat, rabid dog and the kite.”
779
A Commentary on Zad al-Muitaqni
“And those which are unpleasant like the hedgehog, porcupine, rat, snake, all
insects, bat and an animal born from a type that can be consumed and an ani
mal that cannot be consumed, such as the mule”: These are all forbidden based
on the verse: {Prohibits for them the evil.}705
A mule is cross-bred between a horse and a donkey. A predatory animal is
cross-breed between a wolf and a hyena.
Benefits: The following land animals are forbidden for consumption:
First: Animals for which there is clear evidence for its prohibition, for exam
ple the donkey and the pig.
Second: All predatory animals that have canine teeth and tusks with which
they pierce flesh.
Third: All birds that have talons that tear flesh.
Fourth: Carrion-eating animals.
Fifth: A cross-bred animal born between a consumable animal and another
which is not.
The sixth category contains the rest of animals prescribed in the Shari'ah to be
killed or forbidden to be killed.
705 Al-A’raf: 157
780
SECTION
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Apart from these, all other animals are halal like the horse, grazing live
stock, chicken, wild onager, cow, gazelle, ostrich, rabbit and all other wild
animals. All sea animals can be consumed except the frog, crocodile and
sea snake. If one is compelled to eat an animal which is not permissible for
consumption, he may do so just to keep himself alive—except poisonous
substances. He who is compelled to benefit from the property of someone
else without much wear and tear so as to keep himself warm from the cold,
collect rain water or the like, then the owner must allow him to benefit from
it for free. He who comes across a garden with a fruit tree that is neither
guarded nor fenced may pluck it from the tree or pick it up if it has fallen
down and eat it for free. However he must not bring any fruit with him. It is
wajib to host a Muslim guest who is travelling through villages for one day
and one night.
“Section”: This section gives further explanation regarding which animals are
halal and haram. It elaborates upon the rules for consuming haram when in a
predicament. It also lays out the rules pertaining to hosting the guest.
A Commentary on Zad al-Mustaqni
“Apart from these”: I.e. the animals that were mentioned earlier as haram for
consumption.
“All other animals are halat': As they maintain the essential aspect of food,
which is permissibility.
“Like the horse”: As the Prophet ^ allowed its meat to be eaten based on the
sahih hadith that is muttafaqun alayhi (reported by al-Bukhari and Muslim).706
“Grazing livestock”: Consisting of camels, cows and sheep as Allah says:
{Lawful for you are the animals of grazing livestock.}707
“Chicken, wild onager, cow”: The cow being referenced to here is the wild type.
“Gazelle, ostrich”: The ostrich is a bird that has physical similarities to a camel.
“Rabbit and all other wild animals”: As they fall under the category of animals
that are good for consumption as in the ayah: {And makes lawful for them the
good things and prohibits for them the evil.}708
“All sea animals can be consumed”: As mentioned by Allah in the ayah: {Law
ful to you is game from the sea.}709
“Except the frog”: As it is unpleasant. The Prophet % forbade its killing and
using it as medicine.
“Crocodile”: As it has teeth that rip flesh and they are man-eaters.
“And sea snake”: As it is from the unpleasant animals.
“If one is compelled to eat an animal which is not permissible for consump
tion”: One who fears that he will perish if he does not eat. An example is when
706 Reported by al-Bukhari (5/173), (7/123) and Muslim (6/65) from the narration of Jabir
which was referenced earlier.
707 Al-Ma’idah: 1
708 Al-A’raf: 157
709 Al-Ma’idah: 96
782
The Book of Food
he eats a dead carcass in starvation.
“He may do so”: It is permissible for him in that critical scenario except for
poisonous substances.
“Just to keep himself alive”: To maintain his energy and avoid death. Allah
says: {But whoever is forced [by necessity], neither desiring [it] nor trans
gressing [its limit], there is no sin upon him.}710
“Except poison”: Poison is impermissible in all conditions.
“He who is compelled to benefit from the property of someone else without
much wear and tear so as to keep himself warm from the cold”: Like a shirt he
wears to keep warm.
“Collect rain water”: Using a rope or bucket to collect it so as to quench his
thirst.
“Or the like”: For example, an axe, pot, sieve or a pin.
“Then the owner must allow him to benefit from it for free”: In view of his
predicament without asking for any compensation. Allah rebukes those who
refuse to do so with the words: [And withhold [simple] assistance.}711
“He who comes across a garden with a fruit tree that is neither guarded nor
fenced may pluck it from the tree or pick it up if it has fallen down”: There is
no guard watching over it and it is not fenced.
“And eat it for free. However he must not bring any fruit with him”: Three
conditions must be satisfied:
First: The fruits must not have been gathered after harvest [by the owner.]
Second: The garden or orchard should not have a fence around its perimeter
nor should there be a watchman guarding it.
710 Al-Baqarah: 173
711 Al-Ma’un: 7
783
A Commentary on Zad al-Muslaqni
Third: He should not bring any fruit with him when he walks away.
“It is wajib to host a Muslim guest who is travelling through, villages for one
day and one night”: To host a guest is wajib when three criteria are met:
First: The guest must be a Muslim.
Second: Hosting the guest takes place in a non-urban setting.
Third: The duration is one day and one night.
784
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CHAPTER: SLAUGHTER
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No animal is permissible for consumption without slaughtering it when
one has the ability to do so. Exceptions are locusts, fish and animals that
live only in water.
“Chapter: Slaughter”: Linguistically, dhakah refers to completing a task.
Slaughtering is so defined because the life of the slaughtered animal comes
to an end completely. Allah says: {Except what you [are able to] slaughter
[before its death.]}712 Dhakah is used to denote slaughter indefinitely.713
Dhakah in terms of the Shariah means: sacrificing the animal whose meat is
permissible for consumption, slaughtering the animal by cutting its throat and
oesophagus or wounding the animal that cannot be slaughtered [due to its
wild nature for instance.]714
“No animal is permissible for consumption without slaughtering it when one
has the ability to do so”: This is the rule pertaining to slaughtering animals.
Animals killed by other means are considered to be dead carcasses. Allah says:
712 Al-Ma idah: 3
713 See Lisan al-'Arab (14/288).
714 See al-Iqna (4/315).
