What is the ruling for a person in dire need (darurah) who finds carrion (maytah) and food whose owner is unknown?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
If a person is in dire need (darurah) and finds carrion and food whose owner is unknown, they may eat the carrion. This view is held by Sa'id ibn al-Musayyab and Zayd ibn Aslam.
Supporting text
Imam Malik ruled that if they believe the person is truly in need, they may eat from crops and fruit and drink milk. However, if they fear their hand will be cut off or their need will not be accepted, they may eat carrion. Shafi'i scholars have two views; one view maintains that they must eat the lawful food available, citing that access to lawful sustenance negates the necessity for carrion, similar to if the owner had offered it freely. The opposing view holds that eating carrion is explicitly mentioned in texts, whereas private property rights are subject to juristic reasoning, making adherence to the explicit text preferable. Furthermore, rights belonging to Allah are based on leniency, while private rights are based on strictness, and private rights require compensation while the rights of Allah do not.