What Is the Ruling on Fishing With Live Bait, and Catching Fish for Recreation Then Returning Them to the Water?

Question: As-salāmu ʿalaykum wa raḥmatullāhi wa barakātuh, virtuous Shaykh. May Allah preserve you and grant you success. What is the ruling on using live bait, such as worms or small fish, to catch larger fish? Also, what is the ruling on catching fish for entertainment and then releasing them, or releasing a fish because it does not taste good? Jazākallāhu khayran.

Summary:

The basic principle is that fishing is permissible. Allah, the Exalted, says: “Lawful to you is game from the sea and its food as provision for you and the travelers.” [Al-Ma’idah: 96] As for the issues mentioned: 1. Using live worms or small fish as bait: This is permissible when there is a need for it in fishing and benefiting from the catch, especially if the intended purpose cannot be achieved except through it. This is because the harm inflicted upon an animal may be permitted for a recognized benefit. However, if the same purpose can be achieved with dead or artificial bait, it is preferable to use that in order to avoid causing an animal suffering without need. 2. Catching fish merely for amusement and then returning them to the water: If the purpose is merely to catch the fish, cause it pain with the hook, and then release it, without any need or recognized benefit, then the view closest to correctness is that it is prohibited because it involves harming an animal pointlessly. Some jurists held that it is disliked, while others inclined toward its prohibition. 3. If a person catches a fish intending to eat it, but then finds that it is unpalatable or unsuitable and returns it alive to the water: There is no harm in this because the fishing was originally done for a valid purpose, and releasing it afterward is an act of kindness toward it. The intention was not to torture it.

Answer:

First: The Basic Ruling on Fishing

From the Qur'an:

[Al-Ma’idah: 96]
“Lawful to you is game from the sea and its food as provision for you and the travelers.”
[An-Nahl: 14]
“And He is the One Who has subjected the sea, so that you may eat from it tender meat.”

Fishing may take one of two forms: The first: Fishing in order to benefit from the catch, whether by eating it, selling it, giving it in charity to those in need, giving it as a gift to friends and relatives, or through some other form of benefit. This is permissible by the consensus of the scholars.

From the Scholars:

Shaykh Ibn Uthaymin رحمه الله said:
“There is no doubt whatsoever about the permissibility of this. It is among that which Allah, Mighty and Majestic, has made lawful in His Book, it has been established by the Sunnah of the Prophet ﷺ, and the Muslims are unanimously agreed upon it.” End quote from Al-Sharh al-Mumti’ (15/98).

The second: Fishing merely for amusement, frivolity, and entertainment, whereby after catching the animal, the person leaves it without benefiting from it in any way. This type of fishing is disliked according to some scholars, while others inclined toward its prohibition. Among the evidence for its being disliked is what was narrated from Abdullah ibn Amr رضي الله عنهما,

From the Sunnah:

Narrated by Al-Nasa’i (4349) and Al-Darimi (1978), and graded hasan by Al-Albani رحمه الله in Sahih al-Targhib (1092).It is narrated from Abdullah ibn Amr رضي الله عنهما, that the Prophet ﷺ said:
“Whoever kills a sparrow without its due right, Allah will question him about it on the Day of Resurrection.” It was said: “And what is its due right?” He ﷺ said: “That you slaughter it and eat it, and that you do not cut off its head and throw it away.”

From the Scholars:

Shaykh Ibn Uthaymin رحمه الله said:
“This is disliked, and if it were said to be prohibited, that would have a basis, because it is frivolity, a waste of wealth, and a waste of time.” End quote from Al-Sharh al-Mumti’ (15/98).
Al-Hafiz Ibn Hajar Al-Asqalani رحمه الله said:
“If he does not intend to benefit from it, then it is prohibited, because it is a form of corruption on earth through destroying a life pointlessly.” End quote from Fath al-Bari (9/602).
It says in Fatawa al-Lajnah al-Da’imah (22/512):
“As for killing it merely for play and amusement, then that is prohibited because it involves wasting wealth together with torturing the animal, and the Prophet ﷺ prohibited that.”

Second: Using Live Worms and Small Fish as Bait There is no harm in catching fish using live worms, insects, or small fish when there is a need for doing so. If there is no need, then it is disliked because of the suffering it causes to the animal. If it is possible to kill these worms by separating their heads before using them as bait, while they remain suitable for fishing in that state, then this is better. The basic principle is that an animal should not be tortured without need,

From the Sunnah:

MuslimIt is narrated from Shaddad ibn Aws رضي الله عنه, who said:
“Two things I memorized from the Messenger of Allah ﷺ. He said: ‘Indeed, Allah has prescribed excellence in all things. So when you kill, kill well, and when you slaughter, slaughter well. Let one of you sharpen his blade and spare suffering to the animal he slaughters.’”
However, the Shariah has permitted causing pain to an animal when there is a recognized benefit, such as slaughtering it for food or hunting it in order to benefit from it. For this reason, the jurists mentioned the permissibility of selling things needed for hunting.

From the Scholars:

Al-Buhuti Al-Hanbali رحمه الله said in Kashshaf al-Qina’, when discussing things whose sale is valid:
“And worms for fishing.”
The scholars have also mentioned that when live worms or small fish are needed in order to catch fish and benefit from the catch, it is permissible to use them, while minimizing the harm as much as possible.

The ruling on using live bait, together with the statement of Al-Buhuti: Accordingly, it is permissible to use a live worm or small fish as bait when there is a recognized need for it in fishing. However, it is preferable to use an alternative that does not involve torture whenever it fulfills the same purpose. Third: Catching Fish Merely for Recreation and Then Returning Them to the Water Firstly: If the fisherman has no particular need for the catch and merely intends to practice the hobby or sport of fishing, as a form of amusement and play, then the ruling on fishing in this case changes from permissibility to being disliked.

From the Scholars:

It says in Al-Mawsu’ah al-Fiqhiyyah (28/115):
“Once it is known that the basic ruling on hunting is permissibility, it is not ruled to be contrary to what is preferable, disliked, prohibited, recommended, or obligatory except in particular situations due to specific evidences, some of which we mention below: … Hunting is disliked when its purpose is merely amusement and frivolity, due to the statement of the Prophet ﷺ: ‘Do not take anything possessing a soul as a target.’ Narrated by Muslim; meaning, as something to aim at.”

From the Sunnah:

Sahih MuslimJabir ibn Abdullah رضي الله عنهما narrated:
“The Messenger of Allah ﷺ prohibited killing any animal by confining it and making it a target.”
More than one scholar explicitly stated that hunting in this situation is disliked.

From the Scholars:

Al-Nafrawi Al-Maliki رحمه الله said:
“Hunting for amusement while intending to slaughter the catch is mildly disliked.” End quote from Al-Fawakih al-Dawani (1/390).
Shaykh al-Islam Ibn Taymiyyah رحمه الله said:
“Hunting for a need is permissible. As for hunting that consists of nothing except amusement and play, it is disliked. If it also involves wronging people by trespassing upon their crops and property, then it is prohibited.” End quote from Al-Fatawa al-Kubra (5/550).
Shaykh Mansur Al-Buhuti رحمه الله said:
“Hunting for amusement is disliked because it is frivolity. If hunting involves wronging people by trespassing upon their crops and property, then it is prohibited, because the means take the rulings of their objectives.” End quote from Kashshaf al-Qina’ (6/213).
Ibn Abidin رحمه الله said:
“And in Majma’ al-Fatawa: It is disliked when done merely for amusement.” End quote from Radd al-Muhtar (5/297).

Secondly: If the purpose of fishing is amusement and sport, but the fisherman will nevertheless benefit from what he catches by eating it, selling it, giving it as a gift, or the like, then the reason for the aforementioned dislike no longer applies, and fishing returns to its original ruling of permissibility. This is because fishing in this situation is not pure frivolity and does not involve wasting the value of the catch or torturing it.

From the Scholars:

Shaykh Muhammad ibn Ibrahim رحمه الله said:
“Inflicting death pointlessly has not been legislated, such as those who hunt animals from cars while having no intention of eating them or feeding them to others. This is blameworthy. And in the hadith: ‘Whoever kills a sparrow without right will be questioned about it.’” End quote from Fatawa wa Rasa’il Muhammad ibn Ibrahim Al al-Shaykh (12/231).
Shaykh Ibn Baz رحمه الله said:
“If it is for a legitimate benefit, in order to eat or sell, such as hunting bustards, gazelles, rabbits, and other permissible animals in order to eat or sell them, then there is no harm. But if he hunts them merely to kill them and then abandons them, this should not be done. At the very least, it is severely disliked. An edible animal should not be hunted except for some benefit: either for him to eat it, feed it to the poor, give it as a gift, or sell it. As for doing so merely for play, that is not permissible. This is play which the believer should not engage in. It has been narrated from the Prophet ﷺ that he prohibited hunting except for food, meaning that it is to be eaten and benefited from.”
Thus, the jurists differed between dislike and prohibition regarding certain forms of hunting merely for amusement. However, if torturing and harming the animal without any benefit is added to this, then the view of prohibition is stronger.

Fourth: If He Returns the Fish Because It Is Unpalatable This situation differs from the previous one. If a man catches a fish intending to eat it or benefit from it, but after bringing it out of the water he finds that it is too small, of a type he does not like, or unpalatable to him, so he says, “I will let it live,” and returns it to the water while it is still alive, then there is no harm upon him. This is because his original purpose in catching it was not frivolity. Rather, it was for a permissible purpose, but after seeing it, that purpose no longer remained. Returning it to the water is therefore better than killing it and throwing it away without benefiting from it. Likewise, if he is required to release it for a valid reason, such as because it is too small for him to want it, or because there is a recognized regulation prohibiting him from keeping it, then releasing it does not make the original fishing an act of frivolity. Conclusion: The stronger view is that it is permissible to use live worms or small live fish as bait when there is a need for doing so in order to catch fish and benefit from them, while minimizing harm to the animal as much as possible and using an alternative when it can easily fulfill the same purpose. As for catching fish merely for enjoyment and then returning them to the water, such that the purpose is simply to catch them with a hook, cause them pain, release them, and then repeat this, then the view closest to correctness is that this is not permissible because it involves harming an animal without a recognized benefit, although some jurists described hunting merely for amusement in itself as disliked. As for someone who catches a fish intending to eat it or benefit from it, but then realizes that he does not want it because it is unpalatable or for a similar reason and releases it alive, there is no harm upon him because his fishing was not originally done pointlessly.

And Allah knows best.

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What Is the Ruling on Fishing With Live Bait, and Catching Fish for Recreation Then Returning Them to the Water?

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From the Qur'an:

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From the Sunnah:

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