Lobsters and crabs, halal or haram due to boiling alive?

Sources

• ✓ 5:96 · Al-Maaida

  5:96 · Muhammad Marmaduke Pickthall

  أُحِلَّ لَكُمْ صَيْدُ ٱلْبَحْرِ وَطَعَامُهُۥ مَتَٰعًۭا لَّكُمْ وَلِلسَّيَّارَةِ ۖ وَحُرِّمَ عَلَيْكُمْ صَيْدُ ٱلْبَرِّ مَا دُمْتُمْ حُرُمًۭا ۗ وَٱتَّقُوا۟ ٱللَّهَ ٱلَّذِىٓ إِلَيْهِ تُحْشَرُونَ

  To hunt and to eat the fish of the sea is made lawful for you, a provision for you and for seafarers; but to hunt on land is forbidden you so long as ye are on the pilgrimage. Be mindful of your duty to Allah, unto Whom ye will be gathered.

• ✓ Tafsir Ibn Kathir on 5:96

  Sunni

  Tafsir Ibn Kathir · 5:96

  Ibn Abi Talhah reported from Ibn Abbas—and in other narrations from Said ibn al-Musayyib, Said ibn Jubayr, and others concerning the statement "Made lawful for you is the catch of the sea and its food"—that "catch" here refers to what is taken fresh and alive from the sea, while "food" means what is obtained and carried (or found) already dead, preserved and dry. In the widely transmitted narration from Ibn Abbas, he said that "catch" means what is captured alive from the sea, and "food" means that which the sea casts up dead. This interpretation is similarly reported from Abu Bakr al-Siddiq, Zayd ibn Thabit, Abdullah ibn Amr, and Abu Ayyub al-Ansari (may Allah be pleased with them), as well as from 'Ikrimah, Abu Salamah ibn 'Abd al-Rahman, Ibrahim al-Nakha'i, and al-Hasan al-Basri. Sufyan ibn 'Uyaynah reported, from 'Amr ibn Dinar from 'Ikrimah from Abu Bakr the Siddiq, that by "food" is meant everything contained in it (the sea). This narration is recorded by Ibn Jarir and Ibn Abi Hatim. Ibn Jarir narrated from Ibn Humayd, who narrated from Jarir, from Mughirah, who said: I was told from Ibn Abbas that Abu Bakr addressed the people and said: "Made lawful for you is the catch of the sea and its food as a provision for you," and he explained that "food" means what the sea casts up dead. Similarly, Ya'qub reported from Ibn 'Ulayyah, from Sulayman al-Taymi, from Abu Majlaz, from Ibn Abbas regarding the verse "Made lawful for you is the catch of the sea and its food" who said that "food" here means what is cast up. 'Ikrimah narrated from Ibn Abbas that "food" means what the sea casts up dead; this is also reported by Ibn Jarir. Said ibn al-Musayyib held that "food" means what the sea casts up alive or what has escaped the sea alive and then died. This was narrated by Ibn Abi Hatim. Ibn Jarir narrated that Abd al-Wahhab told him, from Ayub from Nafi', that 'Abd al-Rahman ibn Abi Hurayrah asked Ibn 'Umar concerning the many fish that the sea cast up dead, "Should we eat them?" Ibn 'Umar responded, "Do not eat them." But when 'Abd Allah returned to his family and read this verse in Surah al-Ma'idah, he told them to inform 'Abd al-Rahman to eat it, for it is its food (that is lawful). Ibn Jarir preferred the interpretation that "food" refers to what dies inside it (the sea). He mentioned that some narrations present this report as mursal (without a direct link) or interrupted. Hanad ibn al-Surri related from 'Abdah ibn Sulayman, from Muhammad ibn 'Amr, from Abu Salamah, from Abu Hurayrah that the Prophet (peace be upon him) said: "Made lawful for you is the catch of the sea and its food as a provision for you," and said regarding "food" that it is what the sea casts up dead. Some have ascribed this hadith specifically to Abu Hurayrah, with similar chains, affirming that "food" means specifically what the sea lets up dead. The phrase "a provision for you and for the travelers" means a benefit and sustenance for those addressed, and for those traveling. 'Ikrimah explained that "travelers" are those near the sea and those journeying. Other scholars interpret "catch" as the fresh fish for those who fish directly from the sea, while "food" refers to what has died in it or from it, salted and preserved as supplies for travelers and those far away from the sea. This view is narrated from Ibn Abbas, Mujahid, al-Suddi, and others, and the majority of scholars use this verse and accompanying narrations as evidence that seafood, including what has died in the sea, is lawful to eat. Malik ibn Anas narrated from Wahb ibn Ka‘san, from Jabir ibn 'Abdullah who said that the Prophet (peace be upon him) sent an expedition towards the coast commanded by Abu Ubaydah ibn al-Jarrah with some 300 men, including Jabir. When their provisions ran out, Abu Ubaydah gathered all their date supplies, rationed them, and after some time exposed two ribs of a large whale, placed them upright, and let their caravan pass beneath—no harm came to them. This hadith is found in Sahih al-Bukhari and Sahih Muslim with various chains. In Sahih Muslim, from Abu al-Zubayr, from Jabir, it is said that they stayed near a large fish called "al-'Anbar," which was dead; though reluctant, they were compelled to eat it, as they were on the path of Allah. They stayed on it for a month and became fat. They took fat and flesh from it, and when they returned to the Prophet (peace be upon him) and related the event, he said: "It is provision that Allah has put forth for you. Do you have some of its flesh to offer us?" They sent some to him, and he ate it. Malik also narrated from Safwan ibn Sulaym, from Said ibn Salamah, from al-Mughira ibn Abi Burda that he heard Abu Hurayrah say that a man asked the Prophet: "O Messenger of Allah, we embark on the sea carrying little water; if we perform ablution with it, we become thirsty. Should we perform ablution with sea water?" The Prophet said, "It is pure, its water is permissible, and its dead is permissible." This hadith is reported by the Shafi'i imam, Ahmad ibn Hanbal, and the four main Sunan collections and authenticated by al-Bukhari, al-Tirmidhi, Ibn Khuzaymah, Ibn Hibban, and others. Many of the companions narrated it similarly from the Prophet (peace be upon him). Ahmad, Abu Dawud, Tirmidhi, and Ibn Majah narrated from Hammad ibn Salama, from Abu al-Muhazzam (Yazid ibn Sufyan) that Abu Hurayrah said: We were with the Prophet (peace be upon him) in Hajj or Umrah when a swarm of locusts appeared. We hit them with sticks and whips, which fell into our hands. We asked, "What do we do, as we are in a state of ihram?" We asked the Prophet (peace be upon him), who said, "There is no harm in the catch of the sea." Abu al-Muhazzam’s reliability is questionable, Allah knows best. Ibn Majah narrated that the Prophet (peace be upon him) would pray against locusts, asking Allah to destroy the elders and young, corrupt their eggs, cut off their backs, and keep them away from their livelihoods and provisions, describing them as the scattered fish of the sea. Shafi'i narrated from Said, from Ibn Jurayj, fromAta’, from Ibn Abbas that he disapproved of catching locusts within the sacred precincts. Some jurists use this verse to permit eating all sea creatures without exception, while Ibn Abbas said that "food" here means everything in it (the sea). Some except frogs citing narrations where the Prophet prohibited killing them, stating the croaking is a form of glorification. Others say fish caught from the sea are lawful but not frogs. There is disagreement about other creatures, with some allowing those similar to lawful land animals and forbidding those that are not—these opinions find support in Shafi'i jurisprudence. Abu Hanifa maintained that what dies in the sea is prohibited, just as dead land animals are forbidden, based on the general statement "Forbidden to you is carrion." Supporting this position is a narration where the Prophet states, "What you catch alive and then die, eat it; but what the sea casts up dead floating, do not eat it." This hadith is also narrated through various chains, although one is weak. The majority of Maliki, Shafi'i, and Hanbali scholars accept it alongside the narration about the whale ribs. Shafi'i narrated from Ibn Umar that the Prophet (peace be upon him) said: "Two dead things are made lawful for us: the fish and the locust, and two kinds of blood: the liver and the spleen." Regarding the prohibition on hunting land game during ihram (sacred state of pilgrimage), it indicates that mustahram (those in ihram) are forbidden to hunt prey on land. If a pilgrim intentionally hunts, he is sinful and liable for penalty; if by mistake, he is only liable to pay a penalty, and the food is forbidden for him. This ruling is shared by Malik, Shafi'i (in one opinion), Ata’, al-Qasim, Salim, Abu Yusuf, Muhammad ibn al-Hasan, and others. Scholars differ on whether the punishment applies only to the hunter or also to others among the pilgrims who eat the game. The two main views are that compensation is obligatory, or that it is not. Malik affirmed no penalty for eating it. Ibn 'Umar ibn 'Abd al-Barr remarked that this is the dominant view among jurists and experts. Abu Hanifa said the hunter must pay the value of what he ate. Abu Thawr said if a pilgrim kills game, he is liable for penalty, and the meat is lawful to eat, though Abu Thawr disliked this. Hadith evidence states that hunting land game is generally lawful unless it is seized or hunted for the pilgrim during ihram. Conflicting opinions exist about whether eating the game is lawful for other pilgrims or only the hunter, with stronger evidence tending to permissibility for all pilgrims. If a pilgrim catches lawful game and gifts it to another in ihram, many scholars rule it permitted to eat without distinguishing whether the capture was for the hunter or not. This is the view of Abu 'Umar ibn 'Abd al-Barr, from Umar ibn al-Khattab, Abu Hurayrah, al-Zubayr ibn al-'Awwam, Ka'b al-Ahbar, Mujahid, Ata’, and Said ibn Jubayr; it is also the opinion of scholars of Kufa. Ibn Jarir narrated that Muhammad ibn Abdullah ibn Baziyah reported from Bishr ibn al-Mufaddal, from Said, from Qatadah, that Said ibn al-Musayyib reported from Abu Hurayrah that he was asked if a pilgrim may eat lawful catch he caught. Abu Hurayrah said yes. He informed Umar ibn al-Khattab, who said: "Had you judged otherwise, I would have hurt your head." Others say a pilgrim is forbidden to eat any game during ihram at all, based on the generality of this verse. Abd al-Razzaq narrated from Ma'mar, from Ibn Tawus and Abd al-Karim ibn Abi Umayyah, from Tawus, from Ibn Abbas that he disliked pilgrims eating game. He called the ruling unclear regarding the prohibition of hunting land game during ihram. Ma'mar also narrated from al-Zuhri, from Ibn 'Umar who also disliked pilgrims eating game at any time. Ibn 'Abd al-Barr noted that Tawus, Jabir ibn Zayd, al-Thawri, and Ishaq ibn Rahwayh (in one narration), went likewise. Also reported from Ali ibn Abi Talib by Ibn Jarir, from Said ibn Abi 'Arubah, from Qatadah, that Ali disliked meat of game for pilgrims under all circumstances. Malik, Shafi'i, Ahmad ibn Hanbal, Ishaq ibn Rahwayh (in one narration) and the majority hold that if the animal is hunted by a pilgrim for himself, it is not lawful for the pilgrim to eat it, based on the narration of Sa'b ibn Jaththama who presented the Prophet a domesticated donkey which was returned with the comment: "We did not return it to you except because it was in a state of ihram." The explanation is that the Prophet thought the animal was caught for the pilgrim; if he did not intend to hunt it, eating it is allowed. This is supported by a narration of Abu Qatadah who hunted a wild donkey while in ihram and was allowed to eat. This story is found in both Sahih al-Bukhari and Sahih Muslim with numerous wordings. Ahmad narrated from Said ibn Mansur and Qutaybah ibn Sa'id, from Ya'qub ibn 'Abd al-Rahman, from 'Amr ibn Abi 'Amr, from al-Mutalib ibn 'Abdullah ibn Hantab, from Jabir ibn 'Abdullah that the Prophet (peace be upon him) said, "Hunting of the land is lawful for you while you are in ihram, as long as you do not hunt it or it is hunted on your behalf." This was also narrated by Abu Dawud, Tirmidhi, and al-Nasa'i, from Qutaybah. Tirmidhi remarked that he does not recognize Qutaybah’s hearing from Jabir. Shafi'i Imam Muhammad ibn Idris Shafi'i narrated from 'Amr ibn Abi 'Amr, from his freed slave al-Mutalib, from Jabir, saying that this is the best and strongest narration concerning this matter. Malik narrated from 'Abdullah ibn Abi Bakr, from 'Abdullah ibn 'Amir ibn Rabi’ah, that he saw 'Uthman ibn 'Affan lame while in ihram on a summer day, covering his face with a purple garment, bringing meat of hunted game and telling his companions to eat it. When they asked why he himself would not eat, he replied, "I am not like you; it was caught for me." Thus, the verse prohibits hunting land game during ihram, with scholarly evidence and detailed reports clarifying what is permissible and what is not, and how the catch of the sea, including dead sea creatures, is generally permitted.

• ✓ Majma al-Bayan fi Tafsir al-Qur'an on 5:96

  Shia

  Majma al-Bayan fi Tafsir al-Qur'an · 5:96

  Recitation Variants: The recitation of this verse is consistent among the primary Qira'at and not explicitly variant in the passage. Language: The term "sea" (البحر) here refers to all bodies of water. It is known that the Arabs sometimes call a river a sea, as in the verse: "Corruption has appeared on land and sea." Generally, "sea" signifies water that is salty, but in its broad sense it also includes rivers flowing into it. The term "السيارة" is interpreted as travelers or those journeying. Grammatical Argument: The word "متاعا" is in the accusative, governed as a masdar (verbal noun), because the expression "أحل لكم" ('He has permitted for you') implies the granting of enjoyment or benefit. Similarly, when Allah says, "He prohibited your mothers," it is an indication that the command has come into effect; thus, it is treated as a legal stipulation. Meaning: God Almighty clarifies what types of hunting and food are lawful and unlawful. He says, "He has permitted for you the game of the sea and its food to be enjoyed by you and those journeying." This means that the fresh game of the sea is permitted, as there is no disagreement regarding that. Foundational authorities, including Ibn Abbas, Zaid ibn Thabit, Sa‘id ibn Jubayr, Sa‘id ibn al-Musayyib, Qatadah, and Mujahid, concur on this. The phrase "and its food" invites further interpretation. Some say it denotes that which the sea casts up dead, that is, sea carrion (per Ibn Abbas, Ibn Umar, and Qatadah). Others argue that it refers to what is salted or preserved by the sea water; this view is supported in another report from Ibn Abbas, as well as by Sa‘id ibn al-Musayyib, Sa‘id ibn Jubayr, and Mujahid. This position aligns well with our doctrinal understanding—namely, that what the sea casts up dead is not permissible for either the one in the state of ihram or others. The term "food" is used because such items are preserved to be eaten, like stored provisions, hence making the phrase "game of the sea" primarily mean fresh fish, and "its food" meaning salted or preserved marine items. Some interpret "its food" as what grows in its waters, such as plants and fruits, but this is less commonly held. Regarding the phrase "to be enjoyed by you and those journeying (السيارة)," it is interpreted as the benefit granted both to residents and travelers, according to Qatadah, Ibn Abbas, and al-Hasan. Others say it is intended for inhabitants of towns and villages, while yet others opine it is for both the local inhabitant and the pilgrim. Regarding the prohibition, "Forbidden for you is the game of the land while you are in the state of ihram," this means that hunting terrestrial animals during ihram is prohibited, along with eating what others have hunted during ihram. This is the view of Ali, Ibn Abbas, Ibn Umar, and Sa‘id ibn Jubayr. Some contend that meat taken by others is permissible for a person in ihram; this opinion is held by Umar, Uthman, and al-Hasan. The term "game" (صيد) can mean the act of hunting, or it can denote hunted prey as a noun; thus, the verse must be understood as forbidding all such hunting and consumption in ihram. Finally, Allah commands: "And fear Allah to Whom you will be gathered." This admonition exhorts the faithful to avoid all sins and forbidden acts, for the ultimate return is to God on the Day of Judgment—a time when no one possesses power over benefit or harm except Him. On that Day, the righteous will be recompensed with goodness, and the wicked with evil.