Question:
Salam, I once read the rulings of keeping a bird as a pet in a cage. The answer is, it is permissible. However, how big should the cage be? Is it enough with just a small cage?
Answer:
Waalaikumussalam wbt,
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Regarding the ruling of keeping birds as pets, we are inclined towards the opinion that it is permissible, although there are differing opinions of scholars in this issue. Refer al-Kafi li al-Fatawi #52 : The Ruling of Keeping Birds as Pets (https://goo.gl/xcDJCr).
This is in accordance with a hadith from Anas bin Malik RA:
كَانَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَحْسَنَ النَّاسِ خُلُقًا، وَكَانَ لِي أَخٌ يُقَالُ لَهُ أَبُو عُمَيْرٍ - قَالَ: أَحْسِبُهُ - فَطِيمًا، وَكَانَ إِذَا جَاءَ قَالَ: يَا أَبَا عُمَيْرٍ، مَا فَعَلَ النُّغَيْر؟ نُغَرٌ كَانَ يَلْعَبُ بِهِ
The Prophet (ﷺ) was the best of all the people in character. I had a brother called Abu `Umar, who, I think, had been newly weaned. Whenever he (that child) was brought to the Prophet (ﷺ) the Prophet (ﷺ) used to say, "O Abu `Umar! What did Al-Nughair (nightingale) (do)?" It was a nightingale with which he used to play.
Sahih al-Bukhari (6203)
Ibn Hajar al-Asqalani Rahimahullah said: “The above hadith (is an evidence) states the permissibility of kunyah (nicknames) for those who do not have any children, permissibility of letting a child to play with a bird, permissibility of letting a child to play with anything that is permissible in syarak, permissibility of using one’s asset to buy toys for a child and the permissibility of placing a bird inside a cage or others like it.” Refer Fath al-Bari (10/584)
Furthermore, if someone unlatched a cage that belongs to another person, the liability or loss of the bird is the responsibility of the person who unlatched the cage. Refer al-Majmu` Syarh al-Muhazzab (14/289).
The permissibility of keeping a bird depends on how responsible the owner is of the bird is in providing for the necessities of the bird.
Imam Abu Syuja states in Matan al-Ghayah wa al-Taqrib:
وَنَفَقَة الرَّقِيق والبهائم وَاجِبَة
“And the sustenance of a slave and bahimah (farm animals) is an obligation.”
Imam al-Khatib al-Syirbini explains that bahimah is animal that is muhtaram (honoured which means animals which are not considered as pests), which is not exclusive to four-legged farm animals, as stated by Imam al-Azraie. It is the obligation for the owner of the animals to provide ample food and drink for his animals. Refer al-Iqna` (2/482)
If he failed to provide sufficient sustenance for his animals and the animal died, then he is sinful and he will be held responsible for it in the hereafter. This is in accordance with the words of the Prophet PBUH, narrated by Abdullah bin Umar R.Anhuma:
دَخَلَتِ امْرَأَةٌ النَّارَ فِي هِرَّةٍ رَبَطَتْهَا، فَلَمْ تُطْعِمْهَا، وَلَمْ تَدَعْهَا تَأْكُلُ مِنْ خَشَاشِ الأَرْضِ
"A woman entered the (Hell) Fire because of a cat which she had tied, neither giving it food nor setting it free to eat from the vermin of the earth. "
Sahih al-Bukhari (3318) and Sahih Muslim (2619)
Hence, regarding the appropriate size for a bird, it must be a comfortable size depending on the type of the bird, where the bird will not be injured when it spread its wings when it tried to fly. One should consult an expert such as an ornithologist, veterinarian or experienced pet shop’s owner regarding a specific appropriate size for a certain type of bird.
Wallahua’lam.