Eating the swallow meat
3-10-2006 | IslamWeb
Question:
As-salamu Aleykum, In Fatwa 92433 is stated that the bird "Swallow" is not edible. I would like to know why, and if you could direct me to some resources ( islamic, hadith, etc. ) about that bird. Jazakullah, Jibril
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
The scholars 
differed into two opinions whether or not it is permissible to eat the meat of a swallow.
The first opinion: It is forbidden to eat it; this is the view of the Shaafi'ee and Hanbali schools of jurisprudence. They provided evidence of a weak narration that the Prophet 
forbade killing swallows. [Abu Daawood & Al-Bayhaqui]. This narration is mentioned in the Fatwa which you referred to in the question, as an example of animals the meat of which we are not allowed to eat, according to the
The second opinion: It is lawful to eat it; this is the view of the Hanafi and Maaliki schools of jurisprudence, as in principle it is lawful to eat it. Allaah Says (what means): {Say (O Muhammad): "I find not in that which has been inspired to me anything forbidden to be eaten by one who wishes to eat it, unless it be a dead animal or blood poured forth (by slaughtering or the like), or the flesh of swine (pork, etc.) for that surely is impure, or impious (unlawful) meat (of an animal) which is slaughtered as a sacrifice for others than Allaah (or has been slaughtered for idols, etc., or on which Allah's Name has not been mentioned while slaughtering)...} [Quran 6:145].
This bird has claws but it does not kill other birds or animals with them, so it is not included in the narration which states that all birds with claws are forbidden. This second opinion is the most preponderant opinion.
Moreover, this issue is mentioned in the different books of Fiqh, like the book of Ibn Qudaamah 
of the Habali School of jurisprudence, the book of Asna Al-Mataalib, of the Shaafi'ee School of jurisprudence Fiqh, and the book of Rad Al-Mukhtaar, of the Hanafi School of jurisprudence Fiqh, and the book of At-Taaj wal Ikleel, of the Maaliki school of jurisprudence Fiqh.
This issue is also mentioned in the different books of the Prophetic narrations, like Faydh Al-Qadeer written by Al-Munaawi, and Naylul-Awtaar, written by Ash-Shawkaani .
Allaah Knows best.