يَسْأَلُونَكَ مَاذَا أُحِلَّ لَهُمْ ۖ قُلْ أُحِلَّ لَكُمُ الطَّيِّبَاتُ ۙ وَمَا عَلَّمْتُم مِّنَ الْجَوَارِحِ مُكَلِّبِينَ تُعَلِّمُونَهُنَّ مِمَّا عَلَّمَكُمُ اللَّهُ ۖ فَكُلُوا مِمَّا أَمْسَكْنَ عَلَيْكُمْ وَاذْكُرُوا اسْمَ اللَّهِ عَلَيْهِ ۖ وَاتَّقُوا اللَّهَ ۚ إِنَّ اللَّهَ سَرِيعُ الْحِسَابِ (4)
(5:4) They ask you what has been made lawful to them. Say: 'All clean things have been made lawful to you, *18 and such hunting animals as you teach, training them to hunt, teaching them the knowledge Allah has given you - you may eat what they catch for you *19 - but invoke the name of Allah on it. *20 Have fear of Allah (in violating His Law). Allah is swift in His reckoning.'
*18). There is a certain subtlety in how the query is answered. Religious- minded people often fall into a prohibitionist mentality by tending to regard as unlawful everything not expressly declared as lawful. This makes them excessively fastidious and over-suspicious, and inclined to ask for a complete list of all that is lawful and permitted. The Qur'an's response to this question seems to be aimed, in the first place, at the reform of this mentality. The questioners want a list of what is lawful so they can treat everything else as prohibited, but the Qur'an provides them with a list of what is prohibited and then leaves them with the guiding principle that all 'clean things' are lawful. This means a complete reversal of the old religious outlook according to which everything that has not been declared lawful is considered prohibited. This was a great reform, and it liberated human life from many unnecessary constraints. Henceforth, except for a few prohibitions, the lawful domain embraced virtually everything.
The lawfulness of things has been tied, however, to the stipulation of their being clean so that no one can argue for the lawfulness of things which are unclean. The question which arises at this point is: How are we to determine which things are clean? The answer is that everything is clean apart from those things which can be reckoned unclean either according to any of the principles embodied in the Law or which are repellent to man's innate sense of good taste or which civilized human beings have generally found offensive to their natural feelings of cleanliness and decency.
*19).The expression 'hunting animals' signifies hounds, cheetahs, hawks and all those beasts and birds which men use in hunting. It is a characteristic of animals which have been trained to hunt that they hold the prey for their masters rather than devour it. It is for this reason that while the catch of these trained animals is lawful, that of others is prohibited.
There is some disagreement among the jurists as to the hunting animals whose catch is lawful. Some jurists are of the opinion that if the hunting animal, whether bird or beast, eats any part of the game, it becomes prohibited since the act of eating signifies that the animal hunted for its own sake rather than for the sake of its master. This is the doctrine of Shafi'i. Other jurists hold that the prey is not rendered unlawful even if the hunting animal has eaten part of the game; even if it has devoured one-third of the animal, the consumption of the remaining two-thirds is lawful, irrespective of whether the hunting animal is a bird or a beast. This is the view of Malik. A third group of jurists is of the opinion that if the hunting animal which has eaten part of the game is a beast it becomes prohibited, but not so if the hunting animal is a bird. The reason for this distinction is that hunting beasts can be trained to hold the game for their master whereas experience shows that hunting birds are not fully capable of receiving such instruction. This is the opinion of Abu Hanifah and his disciples. 'Ali, however, is of the opinion that it is unlawful to eat the catch of hunting birds because they cannot be trained to refrain from eating the game and to hold it merely for the sake of their master. (See the commentaries of Ibn Kathir, Jassas, Ibn al-'Arabi and Qurtubi on this verse. See also Ibn Rushd, Bidayat al-Mujtahid, vol. 2, pp. 440 ff. -Ed.)
*20).They should pronounce the name of God at the time of dispatching animals to the hunt. It is mentioned in a tradition that 'Adi b. Hatim asked the Prophet (peace be on him) whether he could use hounds for hunting. The Prophet (peace be on him) replied: 'If you have pronounced the name of God while dispatching your trained hound, eat what he has caught for, you. And if it has eaten from the game, then do not eat for I fear that the hound had caught the game for itself.' Then he inquired what should be done if one had pronounced the name of God while dispatching one's own hound, but later found another hound close to the prey. The Prophet (peace be on him) replied: 'Do not eat that, for you have pronounced the name of God on your own hound, but not on the other one.' (For relevant traditions see Bukhari, 'Dhaba'ih', 4, 10; Ibn Majah, 'Sayd', 3; Ahmad b. Hanbal, Musnad, vol. 1, p. 231 and vol. 4, p. 195 - Ed.) The verse under discussion makes it clear that it is necessary to pronounce the name of God while dispatching a hound to the hunt. If a man later finds the prey alive he should slaughter it. But if he does not find it alive it will still be lawful to eat it since the name of God has already been pronounced. The same rule applies with regard to shooting arrows in hunting.