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Why we are allowed to eat fish without slaughtering them

Question

assalamu alaikkum Qs: WHY FISHES ARE NOT SLAUGHTERED IN ISLAM FOR EATING AS ANIMAL ON LANDS?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, Allaah is not questioned about what He does; Allaah Says (what means): {He is not (to be) questioned about what He does, but they will be questioned.}[Quran 21:23] So, a person should submit himself to what Allaah has legislated, and Allaah does not legislate something except for a wisdom which we might or might not know. Indeed, it is reported in a Saheeh [authentic] Hadeeth that fish is lawful to eat; the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "There are two dead animals that are lawful for us (to eat): they are fish and locust..." [Ahmad and Ibn Maajah]

Nonetheless, it is permissible to seek the reason behind (a given) legislation, and it may be that the wisdom behind not slaughtering the fish is that dead fish is pure as it has no (flowing) blood that remains in it due to its death unlike livestock and other animals that must be slaughtered according to Islamic rites so that they can be lawful to eat as its dead animals are impure because they have blood that remains in it due to its death, so they cannot be pure except through slaughtering it (while being alive) according to Islamic rites.

Ibn Al-Qayyim  may  Allaah  have  mercy  upon  him said: The dead animals are forbidden because witnesses (fluids), excretions and harmful blood remain in it, hence slaughtering is a reason for making it lawful to eat because it removes these excretions and blood. As regards death itself, it does not lead to prohibition since it takes place by slaughtering in the same way it takes place by other reasons, so if there is no blood and excretions in the animal, which are removed by slaughtering according to Islamic rites, it does not become forbidden by its death and it is not a condition to slaughter it in order to make it lawful to eat, as is the case of locusts. That is why what does not have flowing blood does not become impure by death, like flies, bees and the like, and fish is the same like them, because if it had blood and excretions that remain in it by its death, it would not be lawful when it dies without being slaughtered according to Islamic rites.”

Allaah Knows best.

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