Is the game hunted or the slaughtered animal of a Magian (Zoroastrian) permissible to eat?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
The consensus of scholars is the prohibition of the game hunted and the meat slaughtered by a Magian, except for what requires no ritual slaughter, such as fish and locusts, for which there is consensus on permissibility. The evidence for prohibition is derived from the implied meaning of the verse {The food of those who were given the Scripture is lawful for you} (Quran 5:5), suggesting the food of others among the disbelievers is forbidden, and because they do not possess a revealed scripture, their slaughter is unlawful like that of idolaters. A Hadith reported by Imam Ahmad indicates: 'If you purchase meat, if it is from a Jew or a Christian eat, but if it is a Magian's slaughter do not eat it.'
Supporting text
A minority opinion by Malik, Al-Layth, and Abu Thawr dissented. Malik and Al-Layth stated they do not see locusts hunted by a Magian as permissible to eat, but permitted fish. Abu Thawr permitted both hunting and slaughtering based on the command to treat them as People of the Book, as they pay the Jizyah. This dissenting view contradicts the consensus.