"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."
Penalty of Hunting while on Pilgrimage
Sahih al-Bukhari 1833
Hadith Text
"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."
Commentary on Sacred Sanctuary (Haram)
The Prophet (ﷺ) establishes the eternal sanctity of Mecca, affirming its sacred status predates his prophethood and will endure thereafter. This divine protection encompasses the entire sanctuary's flora, fauna, and lost property. The exception granted to the Prophet for fighting was a unique, time-limited dispensation not extended to others.
Prohibitions in the Sanctuary
Scholars explain that uprooting shrubs and cutting trees refers to destroying the natural vegetation. Chasing game includes any form of hunting or disturbing wildlife. The prohibition extends even to minor disturbances, as clarified by `Ikrima - merely driving an animal from its shade to occupy that spot constitutes violation.
Exception for Al-Idhkhir
Al-`Abbas's intercession regarding Al-Idhkhir grass demonstrates how legitimate human needs are considered in Islamic law. This exception was granted because this particular grass was essential for goldsmiths' work and for marking graves, serving important communal benefits without harming the sanctuary's essence.
Legal Implications for Pilgrims
This hadith forms the foundation for rulings regarding hunting during pilgrimage. Scholars derive that hunting within Mecca's sanctuary is prohibited regardless of one's ritual state (ihram or not), while hunting elsewhere is specifically prohibited for those in ihram. Violators must offer expiation as prescribed in Islamic jurisprudence.