Seafood (6)

As the base position and the general Qur`anic principles discuss sea animals in general, it has not so far been necessary to tailor the arguments to the different types of animals of the sea. However, when it comes to looking at the more specific evidence, Ayatullah Fadlallah divides the discussion into the three relevant categories: fish with scales, fish without scales, and other animals in the sea.

Fish with scales:
Ayatullah Fadlallah does not exert any effort in proving that fish with scales are Halal, as there is complete consensus amongst both Shi’is and Sunnis on this issue.

Other animals in the sea that are not fish:
Ayatullah Fadlallah proposes that three main sources of evidence potentially can be used to supersede the general Qur`anic principle that all animals in the sea are Halal: consensus, other Qur`anic principles and specific narrations. In this blog, we will focus on consensus.

Ayatullah Fadlallah argues that although some have claimed there is consensus on the Hurma (from Haram) of all animals in the sea that are not fish (1), many eminent scholars of the past and present have doubts including al-Ardabili(2), al-Sabzwari (3), al-Fayd al-Kashani (4) and al-Naraqi (5), proving that no consensus had been established.

Further to this, in general Shi’i Fiqh, consensus, is not authoritative in of itself unless it uncovers or is based on textual evidence that has not reached us. In such a case, it would be useful as there may be no other way to derive the ruling, and consensus at some time due to a clear ruling would be authoritative for us.

However, the consensus (if not based on evidence that has not reached us) will otherwise be based on their personal opinions and judgements which are both fallible and potentially influenced by the views of the major scholars of the time, rather than based on textual evidence. If the scholars in the consensus explain their ruling, and give their sources, then this gives further right to later scholars to challenge their process of derivation, and the consensus in such a case cannot be authoritative.

It is important to note here, that this is a significant feature of Ayatullah Fadlallah: that the claim of consensus, does not prevent him from investigating a subject and having the courage (or some would argue arrogance) to issue a ruling (6) that is contrary to that on which there was apparent consensus (7).

In the next blog we will conclude the discussion by looking at the Qur`anic principles and specific narrations relevant to animals of the sea that are not fish. The subsequent blog will then be on fish without scales!

Please do email if there are any preferences for the next set of blogs, as there are only a few more on this topic!

(1) Jawahir al-Kalam, Volume 36, Page 242
(2) Al-Majma’, Volume 11, Page 187
(3) Kifayat al-Fiqh, Page 348 (Hijri edition); Volume 2, Page 596 from the recent edition published by the Foundation of Islamic Publications in the city of Qum
(4) Mafatih al-Shara`i’, Volume 2, Page 184
(5) Al-Mustanad, Volume 15, Page 59
(6) Consider his opinion, legalizing cloning (refer to his website)
(7)Compare with earlier blog, where Ayatullah Khui argues convincingly that all the evidence suggesting that the People of the Book are ritually impure, are not conclusive, but still chooses to issue a precautionary ruling, in line with previous scholars rather than in line with his reasoning.