Аль-Маида 5:4

Lawful and unlawful animals were mentioned in preceding verses. An answer to a question on the same subject appears in the present verse. Some Companions had asked the Holy Prophet ﷺ about the rule governing hunting with the help of a trained dog and falcon. Given in this verse is an answer to that question.

Commentary

To make an animal lawful when hunted through a dog or falcon, four conditions have been mentioned in the question and its answer appearing above. These are:

1. The dog or falcon should be taught, trained and disciplined. The functional principle given here is that the dog should have been groomed in a manner that it should, when released at the prey, catch it and bring it back to you - not that it starts eating it. As for a falcon, the rule set was that it should immediately return when called by you, even if it was chasing the prey. When so trained, it will prove that these beasts of prey hunt for you and not for themselves. Now the animal hunted by these beasts of prey will be considered your own. And if they act against this training once in a while, for example, the dog itself starts eating the prey, or the falcon does not return at your call, then, this game is not yours anymore, therefore, eating it is not permissible.

2. The second condition is that you should release the dog or falcon immediately at your choice and will, not that they dash after some game and hunt it on their own. In the verse under discussion, this condition has been made to come out clearly by the use of the word, "Mukallibin." Lexically, this word is a derivation from 'Taklib' which basically means the training of dogs. Later, it also came to be used in the sense of training beasts of prey and releasing them after the game. The author of the famous Tafsir Jalalayn explains it in the sense of 'Irsal' (send after) which means releasing after the game. This view has been reported in Tafsir al-Qurtubi as well.

3. The third condition is that the beasts of prey do not themselves start eating the game - instead, they should bring it to you. This condition has been explained through مِمَّا أَمْسَكْنَ عَلَيْكُمْ : (what they hold for you).

4. The fourth condition is: When you release the dog or the falcon after the game, do it after saying 'Bismillah' (With the name of Allah).

When these conditions stand fulfilled, the game - if dead before it reaches you - will still be lawful with no need to slaughter. If other-wise, it will not be lawful for you unless slaughtered.

With Imam Abu Hanifah (رح) ، there is a fifth condition as well: That this beast of prey should have also wounded the game. A hint towards this condition is embedded in the word, الْجَوَارِ‌حِ "Al-Jawarih" (birds and beasts of prey) which also means animals which wound or injure.

Ruling: This injunction covers wild animals out of one's possession and control. In case a wild animal has been captured, it will not become lawful without having been properly slaughtered.

Finally, at the end of the verse, there comes the instruction that hunting through a beast of prey has no doubt been made lawful by Al-mighty Allah, but, it is not permissible to ignore Salah and other necessary religious obligations for the sake of having fun chasing game.