Penalty of Hunting while on Pilgrimage
كتاب جزاء الصيد
Chapter 1: The penalty for hunting (by a Muhrim)
Chapter 2: If a non-Muhrim hunts and gives to a Muhrim
My father set out (for Mecca) in the year of Al-Hudaibiya, and his companions assumed Ihram, but he did not. At that time the Prophet (ﷺ) was informed that an enemy wanted to attack him, so the Prophet (ﷺ) proceeded onwards. While my father was among his companions, some of them laughed among themselves. (My father said), "I looked up and saw an onager. I attacked, stabbed and caught it. I then sought my companions' help but they refused to help me. (Later) we all ate its meat. We were afraid that we might be left behind (separated) from the Prophet (ﷺ) so I went in search of the Prophet (ﷺ) and made my horse to run at a galloping speed at times and let it go slow at an ordinary speed at other times till I met a man from the tribe of Bani Ghifar at midnight. I asked him, "Where did you leave the Prophet (ﷺ) ?" He replied, "I left him at Ta'hun and he had the intention of having the midday rest at As-Suqya. I followed the trace and joined the Prophet (ﷺ) and said, 'O Allah's Messenger (ﷺ)! Your people (companions) send you their compliments, and (ask for) Allah's Blessings upon you. They are afraid lest they may be left behind; so please wait for them.' I added, 'O Allah's Messenger (ﷺ)! I hunted an onager and some of its meat is with me. The Prophet (ﷺ) told the people to eat it though all of them were in the state of Ihram."
Chapter 3: If the Muhrimun saw game and laughed and a non-Muhrim understood, they are allowed to eat the game
That his father said "We proceeded with the Prophet (ﷺ) in the year of Al-Hudaibiya and his companions assumed Ihram but I did not. We were informed that some enemies were at Ghaiqa and so we went on towards them. My companions saw an onager and some of them started laughing among themselves. I looked and saw it. I chased it with my horse and stabbed and caught it. I wanted some help from my companions but they refused. (I slaughtered it all alone). We all ate from it (i.e. its meat). Then I followed Allah's Messenger (ﷺ) lest we should be left behind. At times I urged my horse to run at a galloping speed and at other times at an ordinary slow speed. On the way I met a man from the tribe of Bani Ghifar at midnight. I asked him where he had left Allah's Messenger (ﷺ) . The man replied that he had left the Prophet (ﷺ) at a place called Ta'hun and he had the intention of having the midday rest at As-Suqya. So, I followed Allah's Messenger (ﷺ) till I reached him and said, "O Allah's Messenger (ﷺ)! I have been sent by my companions who send you their greetings and compliments and ask for Allah's Mercy and Blessings upon you. They were afraid lest the enemy might intervene between you and them; so please wait for them." So he did. Then I said, "O Allah's Messenger (ﷺ)! We have hunted an onager and have some of it (i.e. its meat) left over." Allah's Messenger (ﷺ) told his companions to eat the meat although all of them were in a state of Ihram."
Chapter 4: A Muhrim should not help a non-Muhrim in the hunting of a game
We were in the company of the Prophet (ﷺ) at a place called Al-Qaha (which is at a distance of three stages of journey from Medina). Abu Qatada narrated through another group of narrators: We were in the company of the Prophet (ﷺ) at a place called Al-Qaha and some of us had assumed Ihram while the others had not. I noticed that some of my companions were watching something, so I looked up and saw an onager. (I rode my horse and took the spear and whip) but my whip fell down (and I asked them to pick it up for me) but they said, "We will not help you by any means as we are in a state of Ihram." So, I picked up the whip myself and attacked the onager from behind a hillock and slaughtered it and brought it to my companions. Some of them said, "Eat it." While some others said, "Do not eat it." So, I went to the Prophet (ﷺ) who was ahead of us and asked him about it, He replied, "Eat it as it is Halal (i.e. it is legal to eat it).
Chapter 5: A Muhrim should not point at a game
That his father had told him that Allah's Messenger (ﷺ) set out for Hajj and so did his companions. He sent a batch of his companions by another route and Abu Qatada was one of them. The Prophet (ﷺ) said to them, "Proceed along the seashore till we meet all together." So, they took the route of the seashore, and when they started all of them assumed Ihram except Abu Qatada. While they were proceeding on, his companions saw a group of onagers. Abu Qatada chased the onagers and attacked and wounded a sheonager. They got down and ate some of its meat and said to each other: "How do we eat the meat of the game while we are in a state of Ihram?" So, we (they) carried the rest of the she-onager's meat, and when they met Allah's Messenger (ﷺ) they asked, saying, "O Allah's Messenger (ﷺ)! We assumed Ihram with the exception of Abu Qatada and we saw (a group) of onagers. Abu Qatada attacked them and wounded a she-onager from them. Then we got down and ate from its meat. Later, we said, (to each other), 'How do we eat the meat of the game and we are in a state of Ihram?' So, we carried the rest of its meat. The Prophet asked, "Did anyone of you order Abu Qatada to attack it or point at it?" They replied in the negative. He said, "Then eat what is left of its meat."
Chapter 6: If a person gave onager to a Muhrim then he should not accept it
From As-Sa'b bin Jath-thama Al-Laithi that the latter presented an onager to Allah's Messenger (ﷺ) while he was at Al-Abwa' or at Waddan, and he refused it. On noticing the signs of some unpleasant feeling of disappointment on his (As-Sab's) face, the Prophet (ﷺ) said to him, "I have only returned it because I am Muhrim."
Chapter 7: (What kind of) animals can be killed by a Muhrim
Allah's Messenger (ﷺ) said, "It is not sinful of a Muhrim to kill five kinds of animals."
The Prophet (ﷺ) said, "A Muhrim can kill (five kinds of animals.)"
Allah's Messenger (ﷺ) said, "It is not sinful (of a Muhrim) to kill five kinds of animals, namely: the crow, the kite, the mouse, the scorpion and the rabid dog."
Allah's Messenger (ﷺ) said, "Five kinds of animals are harmful and could be killed in the Haram (Sanctuary). These are: the crow, the kite, the scorpion, the mouse and the rabid dog."
While we were in the company of the Prophet (ﷺ) in a cave at Mina, when Surat-wal-Mursalat were revealed and he recited it and I heard it (directly) from his mouth as soon as he recited its revelation. Suddenly a snake sprang at us and the Prophet (ﷺ) said (ordered us): "Kill it." We ran to kill it but it escaped quickly. The Prophet (ﷺ) said, "It has escaped your evil and you too have escaped its evil."
Allah's Messenger (ﷺ) called the salamander a bad animal, but I did not hear him ordering it to be killed."
Chapter 8: It is not permissible to cut the trees of the Haram
Abu Shuraih, Al-`Adawi said that he had said to `Amr bin Sa`id when he was sending the troops to Mecca (to fight `Abdullah bin Az-Zubair), "O Chief! Allow me to tell you what Allah's Messenger (ﷺ) said on the day following the Conquest of Mecca. My ears heard that and my heart understood it thoroughly and I saw with my own eyes the Prophet (ﷺ) when he, after Glorifying and Praising Allah, started saying, 'Allah, not the people, made Mecca a sanctuary, so anybody who has belief in Allah and the Last Day should neither shed blood in it, nor should he cut down its trees. If anybody tells (argues) that fighting in it is permissible on the basis that Allah's Messenger (ﷺ) did fight in Mecca, say to him, 'Allah allowed His Apostle and did not allow you.' "Allah allowed me only for a few hours on that day (of the conquest) and today its sanctity is valid as it was before. So, those who are present should inform those who are absent (concerning this fact." Abu Shuraih was asked, "What did `Amr reply?" He said, (`Amr said) 'O Abu Shuraih! I know better than you in this respect Mecca does not give protection to a sinner, a murderer or a thief."
Chapter 9: The game in the Haram should not be chased
"The Prophet (ﷺ) said, 'Allah has made Mecca, a sanctuary, so it was a sanctuary before me and will continue to be a sanctuary after me. It was made legal for me (i.e. I was allowed to fight in it) for a few hours of a day. It is not allowed to uproot its shrubs or to cut its trees, or to chase (or disturb) its game, or to pick up its luqata (fallen things) except by a person who would announce that (what he has found) publicly.' Al-`Abbas said, 'O Allah's Messenger (ﷺ)! Except Al-Idhkhir (a kind of grass) (for it is used) by our goldsmiths and for our graves.' The Prophet (ﷺ) then said, 'Except Al-Idhkhir.' " `Ikrima said, 'Do you know what "chasing or disturbing" the game means? It means driving it out of the shade to occupy its place."
Chapter 10: Fighting is prohibited in Makkah
On the day of the conquest of Mecca, the Prophet (ﷺ) said, "There is no more emigration (from Mecca) but Jihad and intentions, and whenever you are called for Jihad, you should go immediately. No doubt, Allah has made this place (Mecca) a sanctuary since the creation of the heavens and the earth and will remain a sanctuary till the Day of Resurrection as Allah has ordained its sanctity. Fighting was not permissible in it for anyone before me, and even for me it was allowed only for a portion of a day. So, it is a sanctuary with Allah's sanctity till the Day of Resurrection. Its thorns should not be uprooted and its game should not be chased; and its luqata (fallen things) should not be picked up except by one who would announce that publicly, and its vegetation (grass etc.) should not be cut." Al-`Abbas said, "O Allah's Messenger (ﷺ)! Except Al-Idhkhir, (for it is used by their blacksmiths and for their domestic purposes)." So, the Prophet (ﷺ) said, "Except Al-Idhkhir."
Chapter 11: Cupping for a Muhrim
Allah's Messenger (ﷺ) was cupped while he was in a state of Ihram.
The Prophet, while in the state of Ihram, was cupped at the middle of his head at Liha-Jamal.
Chapter 12: The marrying of Muhrim
The Prophet (ﷺ) married Maimuna while he was in the state of Ihram, (only the ceremonies of marriage were held).
Chapter 13: What is forbidden for a Muhrim as regards perfumes
A person stood up and asked, "O Allah's: Apostle! What clothes may be worn in the state of Ihram?" The Prophet (ﷺ) replied, "Do not wear a shirt or trousers, or any headgear (e.g. a turban), or a hooded cloak; but if somebody has no shoes he can wear leather stockings provided they are cut short off the ankles, and also, do not wear anything perfumed with Wars or saffron, and the Muhrima (a woman in the state of Ihram) should not cover her face, or wear gloves."