Hadith 7345

Muwatta Malik

موطأ مالك

84
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ زَيْدِ بْنِ أَسْلَمَ، عَنْ عَطَاءِ بْنِ يَسَارٍ، أَنَّ كَعْبَ الأَحْبَارِ، أَقْبَلَ مِنَ الشَّامِ فِي رَكْبٍ حَتَّى إِذَا كَانُوا بِبَعْضِ الطَّرِيقِ وَجَدُوا لَحْمَ صَيْدٍ فَأَفْتَاهُمْ كَعْبٌ بِأَكْلِهِ قَالَ فَلَمَّا قَدِمُوا عَلَى عُمَرَ بْنِ الْخَطَّابِ بِالْمَدِينَةِ ذَكَرُوا ذَلِكَ لَهُ فَقَالَ مَنْ أَفْتَاكُمْ بِهَذَا قَالُوا كَعْبٌ . قَالَ فَإِنِّي قَدْ أَمَّرْتُهُ عَلَيْكُمْ حَتَّى تَرْجِعُوا ثُمَّ لَمَّا كَانُوا بِبَعْضِ طَرِيقِ مَكَّةَ مَرَّتْ بِهِمْ رِجْلٌ مِنْ جَرَادٍ فَأَفْتَاهُمْ كَعْبٌ أَنْ يَأْخُذُوهُ فَيَأْكُلُوهُ فَلَمَّا قَدِمُوا عَلَى عُمَرَ بْنِ الْخَطَّابِ ذَكَرُوا لَهُ ذَلِكَ فَقَالَ مَا حَمَلَكَ عَلَى أَنْ تُفْتِيَهُمْ بِهَذَا قَالَ هُوَ مِنْ صَيْدِ الْبَحْرِ . قَالَ وَمَا يُدْرِيكَ قَالَ يَا أَمِيرَ الْمُؤْمِنِينَ - وَالَّذِي نَفْسِي بِيَدِهِ - إِنْ هِيَ إِلاَّ نَثْرَةُ حُوتٍ يَنْثُرُهُ فِي كُلِّ عَامٍ مَرَّتَيْنِ .


Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibnYasar, that Kab al-Ahbar was once coming back from Syria with a groupof riders, and at a certain point along the road they found some game-meat and Kab said they could eat it. When they got back to Madina theywent to Umar ibn al-Khattab and told him about that, and he said, "Whotold you you could do that?", and they said, ''Kab.'' He said, "He wasindeed the one I made amir over you until you should return."Later, when they were on the road to Makka, a swarm of locusts passedthem by and Kab told them to catch them and eat them. When they gotback to Umar ibn al-Khattab they told him about this, and he said (toKab), "What made you tell them they could do that?" Kab said, "It isgame of the sea." He said, "How do you know?", and Kab said, "Amir al-muminin, by the One in whose hand my self is, it is only the sneeze ofa fish which it sneezes twice every year."Malik was askedwhether a muhrim could buy game that he had found on the way. Hereplied, "Game that is only hunted to be offered to people performingHajj I disapprove of and forbid, but there is no harm in game that aman has which he does not intend for those in ihram, but which amuhrim finds and buys."Malik said, about someone who hadsome game with him that he had hunted or bought at the time when hehad entered into ihram, that he did not have to get rid of it, andthat there was no harm in him giving it to his family.Maliksaid that it was halal for some one in ihram to fish in the sea or inrivers and lakes, etc.

USC-MSA web (English) reference: Book 20, Hadith 83

Arabic reference: Book 20, Hadith 787