Delayed Retrieval of Fish from Nets and Lawful Catch — Jurisprudential Answers — Miscellaneous Issues, Vol. 4
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Question 76
Some fishermen set their nets in the afternoon and return the next morning to find some fish dead in the nets. You previously answered that taking them is permissible so long as the fisherman did not act deliberately. What does ‘deliberately’ mean? What if the fisherman intentionally delays returning to the nets, but not for the purpose of causing the fish to die, or if circumstances force him to be late?
Ahmed al-Hasan Response:
If a net or fishing device is set and fish are caught in it, the fish are lawfully taken whether they are removed alive or dead. Deliberateness means that a fisherman catches a fish and intentionally leaves it trapped in the fishing device until it dies in the water—that is, he specifically intends for the fish to die in the water. If he merely delays retrieving the fishing device and the fish is found dead, there is no problem with its lawful taking, because it became caught in the fishing device even though it died in the water.
published translation. Source [1]
Source: الأجوبة الفقهية (مسائل متفرقة - ج4); Question 76; Page Not available; FIQH-MISC-V4-Q076. View Arabic source · Open the original Arabic source ↗
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References
- ↑ السيد أحمد الحسن. الأجوبة الفقهية (مسائل متفرقة - ج4). Question 76; Page Not available. FIQH-MISC-V4-Q076. View Arabic source
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الأجوبة الفقهية (مسائل متفرقة - ج4) — السيد أحمد الحسن. Question: 76. Page: Not available. FIQH-MISC-V4-Q076. https://ahmedalhasan.org/ar/Library/BookContent/100
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"id": "FIQH-MISC-V4-Q076",
"book_title_ar": "الأجوبة الفقهية (مسائل متفرقة - ج4)",
"author": "السيد أحمد الحسن",
"question_number": 76,
"page_number": null,
"source_url": "https://ahmedalhasan.org/ar/Library/BookContent/100",
"source_language": "ar"
}