Praise be to Allaah.
Firstly:
selling decorative birds like parrots, colourful birds and nightingales
for their voices is permissible, because looking at them and listening to
them is something that is permissible. There is no text in the sharee’ah
which forbids selling them or collecting them; however there are texts
which may be understood as meaning that it is permissible to keep them in
cages, so long as they are fed and watered and given whatever care is
needed. Among these texts is the hadeeth narrated by al-Bukhaari from
Anas, who said: “The Prophet
(peace and blessings of Allaah be upon
him) was the best of people in attitude. I had a brother called Abu
‘Umayr, who had just been weaned, I think. When (the Prophet
(peace
and blessings of Allaah be upon him)) came, he would say, ‘O Abu
‘Umayr, what happened to the nughayr?’ – a nughar
[young sparrow or small bird] with which he used to play.” This nughar
is a type of bird. Al-Haafiz ibn Hajar said in his commentary (Fath
al-Baari), when enumerating the things that we learn from this
hadeeth: “… it is permissible for children to play with birds; it is
permissible for parents to allow their children to play with things with
which it is permissible to play; it is permissible to spend money on
permissible things to entertain children; it is permissible to keep a bird
in a cage or to clip a birds’ wings – for one or the other must have
been the case with Abu ‘Umayr’s bird, and whichever one it was, the
other is also implied in the ruling.
There
is also the hadeeth narrated by Abu Hurayrah (may Allaah be pleased with
him), in which the Messenger of Allaah
(peace and blessings of Allaah
be upon him) said: “A woman entered Hell because of a cat which she
detained but she did not give it food or water, and she did not let it
free so that it could eat of the vermin of the earth.” (Narrated
by al-Bukhaari in al-Saheeh, 4/100,152; Ahmad, 2/261).
If this is permissible in the case of cats, then it is also permissible in
the case of birds etc.
Some
scholars believed it to be makrooh to keep them in cages. Some believed
that it was not allowed, and said: because people do not need to listen to
their voices and look at them. This is an unnecessary luxury and soft
living, and it is also foolishness because it means that one is enjoying
the voice of a creature that is calling out in longing to be allowed to
fly and grieving that it cannot fly freely in the open air – as was
stated in the book Al-Furoo’ wa Tasheehuh by al-Mirdaawi, 4/9,
and al-Insaaf, 4/275.
Secondly:
among the conditions of valid sales is that the thing to be sold is
something which it is permissible to use and benefit from, even if there
is no necessity as such. There is no benefit in snakes, which are indeed
harmful, so it is not permissible to buy or sell them. The same applies to
lizards – there is no benefit in them, so it is not permissible to sell
or buy them.
Thirdly:
it is not permissible to sell predators such as wolves, lions, foxes or
any other fanged carnivore, because the Prophet
(peace and blessings
of Allaah be upon him) forbade that, and because it is a waste of money,
which was also forbidden by the Prophet
(peace and blessings of
Allaah be upon him).