—citing a proof from the Quran—we must produce clear evidence that horses are lawful. So what is the evidence?
The evidence is the hadith of Jabir (may Allah be pleased with him): “The Prophet (may Allah’s peace and blessings be upon him) forbade the meat of domestic donkeys and permitted horse meat.” (1) This is clear.
Likewise, there is the hadith of Asma’ in al-Bukhari. She said: “During the time of the Prophet (may Allah’s peace and blessings be upon him), while we were in Madinah, we slaughtered a horse and ate it.” (2) Her statement, “while we were in Madinah,” indicates that this occurred later. She specifically mentioned that it was in Madinah because Surah al-Nahl, which contains the evidence relied upon by those who hold horse meat to be prohibited, was revealed in Makkah.
Thus, horses are lawful. There is both negative and positive evidence for this: the negative evidence is the absence of any proof prohibiting them, in which case the original presumption is permissibility; and the positive evidence is the hadith of Jabir and the hadith of Asma’ (may Allah be pleased with them both).
Yet some scholars, such as Abu Hanifah, held them to be prohibited. They cited the saying of Allah, Exalted is He:
“And the grazing livestock—He created them for you; in them are warmth and benefits, and from them you eat. And for you in them is beauty when you bring them home and when you drive them out to pasture. And they carry your burdens to lands which you could not reach except with great hardship to yourselves. Indeed, your Lord is Most Kind, Most Merciful. And horses, mules, and donkeys—for you to ride and as adornment. And He creates what you do not know.” [Surah al-Nahl]
Regarding the grazing livestock, He said: “In them are warmth and benefits, and from them