Explanation of the Book of Foods-08b

The reciter: Qutaybah narrated to us, and Jarir narrated to us from Hisham from Fatimah bint al-Mundhir that Asma bint Abi Bakr said: Waki' and Ibn 'Uyaynah followed him from Hisham regarding the slaughter of the neck.

The Shaykh : This indicates that the term "slaughter of the neck" (nahr) can be applied to "slaughter" (dhabh), and vice versa. Based on the rule we mentioned a moment ago, what is prescribed for a horse? It is slaughter. A horse is more similar to cattle than to anything else; there is nothing that is slaughtered by cutting the throat except camels, while everything else is slaughtered by the standard method. In this, there is clear evidence that the horse is lawful, because this hadith is elevated in ruling to the Prophet. As for the statement of some scholars that horses are forbidden because Allah the Exalted associated them with what is forbidden, saying: They said that He associated them with what is not eaten and specified that they are for riding and adornment. It is said that the indication of association is a valid indication, provided that there is no evidence for a difference in the ruling between the associated items. If there is evidence for a difference in the ruling between the associated items, we follow it; otherwise, we rule by what? We rule that the ruling is the same. Here, there is evidence indicating the permissibility of eating horses, which is the hadith of Asma that is with us now. This is the position of the majority of the Imams. The first opinion is the madhhab of Abu Hanifa (may Allah have mercy on him), that horses are not made lawful. If someone asks, what is the wisdom in Allah the Exalted distinguishing them from livestock and placing them with those that are not eaten? We say that the predominant use of horses is that they are not eaten, but rather they are prepared for adornment, riding, jihad, and the like. Yes.