Question:
Is it permissible to use live-bait to fish?
Answer: وبالله التوفيق
There are many hadiths that advise us to treat the creation of Allah Ta’aala with mercy and compassion, whether the creation be from among the human species or animal species. Below are some of these hadiths: –
- Rasulullâh (ﷺ) mentions in a Hadeeth-Qudsi that Allah Ta’aala proclaims: “Those who show mercy are (in turn) shown mercy by the Most Merciful (i.e. by Allâh Ta’âlâ). Show mercy upon the creatures of the earth; so that He who is in the heavens may show mercy upon you.” [Abu Dawood #4941 Book Of Etiquette, Chapter 58]
- Imam Bukhari [#3321] has recorded an incident of a prostitute who had spent all her life in sin. She came across a dog who was very thirsty and tried to quench his thirst by licking at the mud. There was a well close by. The woman took out her leather socks and drew out the water from the well and quenched the dog’s thirst with it. Allah Ta’aala liked her deed very much and forgave her for that. “You loved my creation and showed mercy to it, then We are more entitled to show mercy to you”. Therefore, we must deal mercifully with the creatures of Allah Ta’aala, even the animals.
Torturing a live being is strictly prohibited in Shariah, be it human or animal. There are countless Ahaadith reported on this issue.
- A donkey which was branded in its face passed by The Messenger of Allah (ﷺ). He said: “May Allah curse the one who has cauterized it (on the face).”
[Muslim #2117 Book of Clothing & Adornment, Chapter 29]
- The Messenger of Allah (ﷺ) came upon an emaciated camel and said: “Fear Allah concerning these mute animals. Ride them when they are in a good condition.”
[Abu Dawud #2548 Book Of Jihad, Chapter 44]
Even in places where Shariah has made taking the life of a person or an animal permissible or even Waajib, it has commanded to do such in the swiftest and least painful manner.
- The Prophet (ﷺ) said: “Indeed Allah has decreed Ihsaan (beneficence) in everything. So when you kill, then do the killing well, and when you slaughter, then do the slaughtering well. Let one of you sharpen his blade, and let him comfort his animal.”
[Tirmithi #1409 Chapters of On Blood-Money, Chapter 14]
Even after an animal is slaughtered it is prohibited to cut off the whole head or skin of the animal before it becomes cold and motionless. This is due to the prohibition of causing undue pain to the animal. Allamah Haskafi رحمه الله said:
( و ) كره كل تعذيب بلا فائدة مثل ( قطع الرأس والسلخ قبل أن تبرد ) أي تسكن عن الاضطراب (الدر المختار كتاب الذبائح 5/495 رشيدية)
Making a soul ‘target practice’ has also been prohibited in Shariah.
- The Messenger of Allah (ﷺ) stated: “Do not make anything with life a target.”
[Muslim #1957 Book of Hunting, Chapter 12]
Therefore it will not be permissible to fish using live-bait as this causes unwarranted pain to the animal being used as bait. Allamah Zafar Ahmed Usmani رحمه الله states:
و كره الصيد بالخراطين حية و كذا بكل شئ فيه الروح لما فيه من تعذيب الحيوان (اعلاء السنن 17/201
The late grand mufti of India, Faqeehul Ummah Hazrat Mufti Mahmood Hasan Gangohi رحمه الله when asked concerning using live-bait in fishing he replied:
“It is not permissible to attach live bait to a hook and use it for fishing because it causes pain and suffering to the animal.” [Fatawa Mahmoodiyyah 26/119 Tarteeb Jadeed]
If any specific type of fish cannot be caught without live bait, then one can do without this fish; as there are many other fishes in the ocean that can be caught without using live bait.
Remember, Allah Ta’aala can take us to task for any sin we may commit. Ponder over the following hadith of ‘Sahih Bukhari’:
- Allah’s Messenger (ﷺ) said, “A woman was punished and was put in Hell because of a cat which she kept locked till it died of hunger.” Allah’s Messenger (ﷺ) further said, (Allah knows better) Allah said (to the woman), ‘You neither fed it nor gave it water when you kept it captive, nor did you set it free to eat the insects of the earth.”
[Bukhari # 2365 Book of Watering, Chapter 9]
If however one happens to purchase or be presented with fish caught in this manner it will be halaal to consume.
And Allah Ta’aala knows best.
Muhammad Suleman Chothia
Checked and verified by Mufti Muhammad Mahdi
