Taqi al-Din al-Subki; qada' al'arb fi 'asyilat halab (Making up for the Debt in the Questions) (1355)
------------------------------------------------
Taken from: قضاء الأرب في أسئلة حلب [تقي الدين السبكي] https://shamela.ws/book/18610/448#p1
P353-356
[Issue Sixty-Four]
Sheikh Abu Ishaq (1) was decisive in warning of the prohibition of (the giraffe) but he did not mention it in (Al-Muhadhdhab) (2) and Al-Nawawi (3) transmitted in Sharh Al-Muhadhdhab (4) the agreement on its prohibition. Al Mamluk was contesting that. Since he did not provide any evidence, it is not according to what was said that it hunts and strengthens its teeth. Then Al Mamluk saw Muwaffaq al-Din Hamzah al-Hamwi (5), may God have mercy on him, who denied it in his book Sharh Mushkilat al-Wasit (6) and said that what was transmitted was permissible and among those who were confirmed by Judge Hussein and Al-Ghazali (7) in their fatwas.
Al Mamluk saw it in the fatwas of the judge, and the sheikh attributed it in Al-Kifaya (=the collective obligation), to the fatwas of al-Farra (the wild), and it preceded the pen. Muwaffaq al-Din Hamza said: It has a resemblance to a horse, a cow, and a hyena, and it is generated from that. He said; And this is not of concern, so eating it is permissible according to agreement. Al Mamluk saw in the contract by Ibn Abd Rabbo that what he said: Giraffe is a camel, from the Abyssinian camel, and among the wild cows, and between a hyena in a partnership, and that is because the hyena in the country of Abyssinia spoil the she-camel, and a boy is born between the creation of the camel and the hyena. If the child is a male, he is exposed to the mare, and a giraffe will be born too her because it is a group. It is one, as if it were a camel, a cow, and a hyena, and the giraffe in Arab speech is a group. I finish. In the Sahih (8), some people interpreted it as the camel of the beast, and Al Mamluk also saw the definitions of Abu al-Husayn ibn al-Qatan (9), whose author commented on it.
Judge Abu Al-Qasim bin Kaj (10) regarding the forbidden things, including: in the group of
the crane, duck, giraffe, and the like, according to two opinions, one of which
contains a value, and the second is rejected. End. This indicates that it
is eaten, especially if it is proven that it was generated, between two eaten things, as previously mentioned. (And the one responsible for clarifying that and clarifying it, may God reward you.) The answer: (Praise be to God)
It is chosen that it is permissible (to eat) the giraffe, as in the fatwas of
Judge Hussein.
(1) Sheikh Abu Ishaq: Abu Ishaq Ibrahim b. 'Ali b. Yfisuf Firfizabadi l—Shirazi (1003-1083AD). He was a prominent Persian Shafi'i-Ash'ari scholar, debater and the second teacher at the Nizamiyya school in Baghdad.
(2) Al-Muhadhdhab: Al-Muhadhdhab fi Fiqh al-Imam al-Shafi'i lit. 'The Rarefaction: on the Jurisprudence of Imam al-Shafi'i', a comprehensive manual of Islamic law according to the Shafi'i school.
(3) Abu Zakariyya Yahya ibn Sharaf al-Nawawi; (1230- 1277AD), known as al-Nawawi, was a Sunni Shafi'ite jurist and hadith scholar from Damascus.
(4) Sharh Al-Muhadhdhab: the book of note nr 2 explained by the Shafi'i hadith scholar al-Nawawi naming it al-Majmu' Sharh al-Muhadhdhab lit. 'The Compendium: An Exegesis of the Rarefaction', was a recension and compilation of all the strands of Shafi'i jurisprudence.
(5) Muwaffaq al-Din Hamzah al-Hamwi. From Damascus died in 670 AH = 1272AD. He was a Shafi scholar.
(6) Sharh Mushkilat al-Wasit: lit. Explaining the problems of the mediator; a book in which he answered the problems that had come to him.
(7) Al-Ghazali (c. 1058 –1111), full name Abu Ḥamid Muḥammad ibn Muḥammad aṭ-Ṭusiyy al-Gazzaliy, was a Persian Sunni Muslim polymath.
(8) Sahih: Maybe: Sahih Muslim is a 9th-century hadith collection and a book of sunnah compiled by the Persian scholar Muslim ibn al-Hajjaj (815–875).
(9) Abu al-Hasan Ali ibn Mohammed ibn al-Qattan al-Fasi (died 1231) was an imam, a hadith scholar and one of the leading intellectuals of his time. He was born in Cordoba and lived in Fes.
(10) Judge Abu Al-Qasim bin Kaj: was killed on the night of the twenty-seventh of the month of Ramadan in the year four hundred and five. (= 1015AD)