Apologies for the delay – I’ve been working hard to try and see if I can publish the research in a journal…we will see what happens!
Anyway, back to the topic at hand – we have looked at non-fish animals from the sea and noted Fadlallah’s conclusion that they are okay to eat. This is because there is no consensus and even the author of Wasa’il (al-Hur al-Amili) says that the narration used to substantiate the claim that non-fish animals are haram, should not be understood without reading the narration which allows it, and therefore must be considered makruh. Alternatively, the Qur’anic general principles should be referred to, if you cannot reach a conclusion on the narrations.
We are now moving onto fish without scales – the final type of sea animal! This is quite controversial (Tusi even said that it is an essential part of being Shia). But there are three levels of discussion:
1. Is there consensus on the issue?
2. What do the narrations say?
3. What should we do
On the first issue, Fadlallah notes opinions of major scholars of the past:
Al-Muhaqqiq al-Hilli in his Shara’i‘ says: ‘As for fish which do not have scales at all, like al-jirri (1), there are two narrations, the more well-known of the two indicates impermissibility. (2)
Shahid al-Thani in Al-Masalik hesitates as well: ‘The Shi‘a scholars differ in considering their permissibility because of the difference in the narrations concerning them’, similarly to Ardabili in Majma‘ and Sabzawari in Al-Kifayah. (3)
Fadlallah considers it clear that there is no scholarly consensus regarding the permissibility of consuming fish without scales.
On the second issue, Fadlallah considers two groups of narrations:
1. Those that imply that fish without scales are haram
2. Those that imply that fish without scales are halal
There are very very many in the first category – many of which are sahih. I will mention 5 of the most important and we will discuss them and Fadlallah’s discussion on them in the next blog:
Muhammad ibn Muslim from Muhammad ibn Ali [al-Baqir]: ‘…he said: eat fish with scales, and do not eat fish without scales.’ (4)
Hammad ibn ‘Uthman from Ja‘far ibn Muhammad [al-Sadiq]: ‘Can the whale be eaten?’ He responded: ‘That which has scales can be eaten.’ (5)
Abdullah ibn Sunan from Ja‘far ibn Muhammad [al-Sadiq]: ‘Ali was in Kufa on the mule of the Messenger of God. Then he passed by the whale market and said: ‘Do not eat and do not sell that which does not have scales.’ (6)
Hannan ibn Sudayr from Ja‘far ibn Muhammad [al-Sadiq]: ‘Do not approach that which does not have scales.’ (7)
Al-Fadl ibn Shadhan from al-Rida in his letter to al-Ma’mun: ‘The true Islam includes several parts: the testimony that there is no God but Allah…[and]… the impermissibility of al-jirri and al-tafi, (8) and al-marmahi [eel] and al-zamir (9) and all fish without scales.’ (10)
How can these mean anything other than fish without scales are haram? We will look at this in the next blog…
(1) Jirri is a type of fish (Majma’ al-Bahrayn)
(2) Muhaqqiq al-Hilli in Shara’i’ al-Islam, book 3, page 217 (from Fadlallah’s work)
(3) Al-Shahid al-Thani in Masalik al-Afham, book 13, page 14; Ardabili in Majma’ al-Fa’ida, book 11, page 189; Sabzwari in Kifayat al-Ahkam, book 2, page 596 (from Fadlallah’s work)
(4) Wasa`il, book 16, chapter 8, page 329, no. 1 ; considered sahih
(5) Ibid. no. 2 ; considered sahih
(6) Ibid. no. 4; considered sahih
(7) Ibid., no. 5; considered reliable but to a lower degree
(8) A fish which dies in the water and rises to the surface (refer to Majma’ al-Bahrayn)
(9) A type of fish (Majma’ al-Bahrayn)
(10) Wasa`il, book 16, chapter 9, page 333, no. 9 ; considered weak
