Is the flesh of a legally protected human being permissible to eat if found already dead?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
The flesh of a legally protected person found already dead is not permissible to eat, according to the opinion of our (Hanbali) scholars. The sanctity of the living is considered greater than the sanctity of the dead.
Supporting text
Al-Shafi'i and some Hanafis permit eating the flesh of a dead protected person. Abu Bakr ibn Dawud permissibly extended this to include the flesh of Prophets. Our scholars justify their view by citing the Prophet's statement: 'Breaking the bone of a dead person is like breaking the bone of a living person,' which implies similarity in sanctity. Abu al-Khattab argued that this Hadith only establishes similarity in the fundamental sanctity, not the degree, evidenced by differences in liability for compensation (daman) and retribution (qisas).