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Permitting the Dead Animals in Conditions of Necessity Print E-mail

Allah said,

﴿فَمَنِ اضْطُرَّ فِى مَخْمَصَةٍ غَيْرَ مُتَجَانِفٍ لإِثْمٍ فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ﴾

(But as for him who is forced by severe hunger, with no inclination to sin (such can eat these above mentioned animals), then surely, Allah is Oft-Forgiving, Most Merciful.) Therefore, when one is forced to take any of the impermissible things that Allah mentioned to meet a necessity, he is allowed and Allah is Oft-Forgiving, Most Merciful with him. Allah is well aware of His servant's needs during dire straits, and He will forgive and pardon His servant in this case. In the Musnad and the Sahih of Ibn Hibban, it is recorded that Ibn `Umar said that Messenger of Allah said,

«إنَّ اللهَ يُحِبُّ أَنْ تُؤْتَى رُخْصَتُهُ كَمَا يَكْرَهُ أَنْ تُؤْتَى مَعْصِيَتُه»

(Allah likes that His Rukhsah (allowance) be used, just as He dislikes that disobedience to Him is committed.) We should mention here that it is not necessary for one to wait three days before eating the meat of dead animals, as many unlettered Muslims mistakenly think. Rather, one can eat such meat when the dire need arises. Imam Ahmad recorded that Abu Waqid Al-Laythi said that the Companions asked, "O Messenger of Allah! We live in a land where famine often strikes us. Therefore, when are we allowed to eat the meat of dead animals'' The Prophet replied,

«إِذَا لَمْ تَصْطَبِحُوا، وَلَمْ تَغْتَبِقُوا،وَلَمْ تَخْتَفِئُوا بَقْلًا فَشَأْنُكُمْ بِهَا»

(When you neither find food for lunch and dinner nor have any produce to eat, then eat from it.) Only Imam Ahmad collected this narration and its chain meets the criteria of the Two Sahihs. Allah said,

﴿غَيْرَ مُتَجَانِفٍ لإِثْمٍ﴾

(with no inclination to sin,) meaning, one does not incline to commit what Allah has prohibited. Allah has allowed one when necessity arises to eat from what He otherwise prohibits, under the condition that his heart does not incline to eat what Allah prohibited. Allah said in Surat Al-Baqarah,

﴿فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلاَ عَادٍ فَلاَ إِثْمَ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ﴾

(But if one is forced by necessity without willful disobedience nor transgressing due limits, then there is no sin on him. Truly, Allah is Oft-Forgiving, Most Merciful.) Some scholars used this Ayah as evidence that those who travel for the purpose of committing an act of disobedience are not allowed to use any of the legal concessions of travel, because these concessions are not earned through sin, and Allah knows best.

﴿يَسْأَلُونَكَ مَاذَآ أُحِلَّ لَهُمْ قُلْ أُحِلَّ لَكُمُ الطَّيِّبَـتُ وَمَا عَلَّمْتُمْ مِّنَ الْجَوَارِحِ مُكَلِّبِينَ تُعَلِّمُونَهُنَّ مِمَّا عَلَّمَكُمُ اللَّهُ فَكُلُواْ مِمَّآ أَمْسَكْنَ عَلَيْكُمْ وَاذْكُرُواْ اسْمَ اللَّهِ عَلَيْهِ وَاتَّقُواْ اللَّهَ إِنَّ اللَّهَ سَرِيعُ الْحِسَابِ ﴾

(4. They ask you what is lawful for them. Say: "Lawful unto you are At-Tayyibat (the good things). And those Jawarih (beasts and birds of prey) which you have trained as hounds, training and teaching them (to catch) in the manner as directed to you by Allah; so eat of what they catch for you, but pronounce the Name of Allah over it, and have Taqwa of Allah. Verily, Allah is swift in reckoning.'')

 
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