2679. If a fish with scales is acquired from the water alive, and it dies outside the water, it is §¡hir and lawful to consume. However, if it dies in the water, it is §¡hir, but consuming it is forbidden, unless it dies in the fishing nets which are in the water, in which case it is lawful for consumption. As for fish without scales, they are unlawful for consumption even if they are acquired from the water alive, and they die outside the water.
2680. If a fish springs out of the water, or a wave throws it out, or the water recedes and the fish remains on dry land, then if a person acquires it with his hands or anything else before it dies, it is lawful to consume after it dies.
2681. The fisherman does not have to be a Muslim, nor does he have to invoke the name of God. However, a Muslim should have witnessed it as it was being acquired, or acquire certainty through some means, or possess a proof authorized by the shari’a that it was acquired from the water alive, or it died in the water inside the fishing nets.
2682. If it is not known whether a dead fish was acquired from the water alive or dead, it is lawful for consumption if it is in the hands of a Muslim. However, if it is in the hands of a k¡fir who has not acquired it from a Muslim, it is not lawful to consume even if he says that it was acquired alive, unless a proof or a trustworthy person that one does not entertain a conjecture that is contrary to his claim, says that it was acquired from the water alive.
2683. It is permissible to eat a live fish, although the precaution is that one should avoid doing so.
2684. If a fish is roasted alive, or it is killed outside the water before it dies (naturally), it is permissible to consume it. However, the recommended precaution is that one should avoid eating it.
2685. If a fish is cut into two parts outside the water, and one part falls into the water whilst the fish is alive, then based on obligatory precaution, it is not permissible to eat the part that has remained outside the water.
