Water Game is Allowed for the Muhrim

Sa`id bin Al-Musayyib, Sa`id bin Jubayr and others commented on Allah's statement;

﴿أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ﴾

(Lawful to you is (the pursuit of) water game...) that it means, what one eats fresh from it, while,

﴿وَطَعَامُهُ﴾

(And its use for food) what is eaten dry and salted. Ibn `Abbas said that `water game' refers to what is taken from water while still alive, while,

﴿وَطَعَامُهُ﴾

(and its use for food) refers to what the water throws ashore dead. Similar statements were reported from Abu Bakr As-Siddiq, Zayd bin Thabit, `Abdullah bin `Amr, Abu Ayyub Al-Ansari, `Ikrimah, Abu Salamah bin `Abdur-Rahman, Ibrahim An-Nakha`i and Al-Hasan Al-Basri. Allah's statement,

﴿مَتَـعاً لَّكُمْ وَلِلسَّيَّارَةِ﴾

(for the benefit of yourselves and those who travel,) as food and provision for you,

﴿وَلِلسَّيَّارَةِ﴾

(and those who travel, ) those who are in the sea and traveling along the sea, according to `Ikrimah. Other scholars said that water game is allowed for those who fish it from the sea, as well as, when it is salted and used as food for travelers inland. A similar statement was reported from Ibn `Abbas, Mujahid and As-Suddi and others. Imam Malik bin Anas recorded that Jabir bin `Abdullah said, "Allah's Messenger sent an army towards the east coast and appointed Abu `Ubaydah bin Al-Jarrah as their commander, and the army consisted of three hundred men, including myself. We marched on until we reached a place where our food was about to finish. Abu `Ubaydah ordered us to collect all the food for our journey, and it was collected in two bags of dates. Abu `Ubaydah kept on giving us our daily ration in small amounts from it, until it was exhausted. The share of each of us used to be one date only.'' I (one of the narrators from Jabir) said, "How could one date suffice for you'' Jabir replied, "We came to know its value when even that finished.'' Jabir added, "When we reached the seashore, we saw a huge fish which was like a small mountain. The army ate from it for eighteen days. Then Abu `Ubaydah ordered that two of its ribs be affixed in the ground. Then he ordered that a she-camel be ridden, and it passed under the two ribs (forming an arch) without touching them.'' This Hadith was also collected in the Two Sahihs. eMalik recorded that Abu Hurayrah said, "A man asked Allah's Messenger, `O Allah's Messenger! We go to sea and carry little water with us. If we use it for Wudu', we get thirsty, so should we use seawater for Wudu'' The Messenger of Allah said,

«هُوَ الطَّهُورُ مَاؤُهُ الْحِلُّ مَيْتَتُه»

(Its water is pure and its dead are lawful).'' The two Imams, Ash-Shafi`i and Ahmad bin Hanbal, recorded this Hadith, along with the Four Sunan compilers. Al-Bukhari, At-Tirmidhi and Ibn Hibban graded it Sahih. This Hadith was also recorded from the Prophet by several other Companions.