Seems like some Hanafi scholars are basing their conclusion on the evidence used by fiqh-jafferia that is presumably based on a saying of Hazrat Ali (Peace be upon him) that talks about "scaled fish only". Thus they call all seafood, other than scaled fish as haraam.
The rest did not think this position is sufficiently supported by Quran or authentic ahadeeth, so declared it either halaal (or at worst, makrooh).
How about not eat it at all instead of fighting over in which fiqah it's halal and which fiqah its haram. If there is a doubt about somethig just avoid it.
Abu Muhammad al-Hasan ibn Ali b. Abu Talib said : I preserved the following words from Rasulullah saw : "Leave what you have doubt about for that you have no doubt about; for it is truth that brings peace of mind and it is falsehood that brings doubt". ( Ahmad, Tirmidhi, Nasa'i )
We should have a sticky with a spreadsheet that tells us whats haram and halal with a column for questionable foods. 'cause I got questions now on other foods such as turkey bacon, turkey sausage, a chicken that grew up with pigs or in a jew farm etc, etc.
Is horse and camel halal?
I thought all sea food was halal, because Allah SWT says so.
5:96 Lawful to you is the pursuit of water-game and its use for food,- for the benefit of yourselves and those who travel;
This means that all water game, whether alive or dead, is halal. Im reminded of an incident mentioned in one of the hadees collections, in which a group of sahaba, that was stranded in the middle of nowhere, happened upon a dead beached whale, and they ate the meat of the whale for a good week or so. They figured they had committed a sin, since they had probably eaten haram food for more than what they required. But later on, when they found their way back, and told Prophet Muhammad SAW about the incident, the Prophet SAW did not say anything against their actions...meaning, he approved of eating fish that had come out of the water dead, as opposed to alive.
^ not only did the Prophet (saw) not say “anything against their actions” he even asked for and was given some of the whale himself which contains a response to anyone who might say that the companions were only permitted to eat the beached whale because they had no other food to eat…
It is in Sahih Muslim, no. 4756
regarding the verse 5:96… one of the reasons for the differing views is based on how one defines “water-game”… some scholars say that the term only includes those creatures that live solely in water and excludes those that sometimes live in water and can sometimes live out of it as well…
^ lobsters can live for a couple of days out of water if they keep themselves or are kept cool and damp... and Akif cited 5:96 to show that "all sea food was halal" and "all" doesn't just mean lobsters (hence my reply)... get it now?
eating a Haram food unknowning (or by force - against your will ) is not a sin - but after when you came to know and keeping eating those things (Seasnakes, Frogs, Plankton, Sea Lions/ Sea Dogs, Whaleskin, Baby Dolphins and Slimy Octopus with crab as dessert) is not allowed.
There could be another reason that catfish, crab, lobster, oysters, etc. or not Halaal because for the most part they are "bottom-feeders"--in other words they eat the waste of other fish, and any "garbage" that may be floating around as well. If u think about it, that would apply to something like a shark too--they'll eat anything. If you really consider what these particular fish eat I don't think you'd WANT to eat them.
2ndly - The crabs and lobsters have spincers; they use this method to catch their preys. Just like the eagle who catches its prey by using its sharp powerful claws..(btw we can't eat eagles,vultures) the same applies to crabs and lobsters.
pincers (spincers?) - why is this an issue? So what if they grip with their claws? Have you seen a chicken eat a worm? It grips the worm with its claws too!
Bottom-feeders - okay so they eat what we would consider as garbage. Lemme tell you something. I dont know if you know what METABOLISM is, but it takes any molecule, from whatever source, and breaks it down, and then rebuilds molecules it uses for its own flesh, etc.
So that argument is out the window too.
The only thing I can really think of is: That these critters have open circulatory systems, so their flesh is constantly flooded with their own excretion/urine. Although I dont know how it works in every such crustacean exactly, I think this is the case (I'll double check on that to see if any of them have built up excretory systems (i.e. like protonephridia or something) )
Secondly, it might be a food chain issue - that to keep the overall food chain intact and going, its best to minimize consumption of certain animals. For example, if alligator meat was our staple diet...those poor gators would be extinct by now.
But then, when you read all this you wonder - how would the Rasul have known this science to advise us of these things?
By the way, this maqrooh category is a funny category in itself. So these scholars have basically put themselves above the Quran and decided to prohibit something that the Quran itself did not prohibit? That's great.
The way I see it, something that is classified as "makrooh" really just means "well we scholars think this should be avoided, cuz you wouldn't want to go to hell for THAT...so yeah, we'll just tell you not to do this thing, because that's what we think".
And its so funny how people are so concerned to follow such stuff!
^ i dont think scholars are putting themselves above the quran. they are not ordering you, just giving their opinion and if you dont feel like following it go ahead you are on your own.
and these scolars are not some jahil people, they have more sense/knowledge compared to the population.