Hajj

Yahya related to me from Malik that Yahya ibn Said al-Ansari saidthat Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from Isa ibnTalha ibn Ubaydullah, fromUmayr ibn Salama ad-Damri, from al-Bahzi,that the Messenger of Allah, may Allah bless him and grant him peace,set out once for Makka while in ihram. When they had reached ar-Rawha,they unexpectedly came upon a wounded wild ass. Someone mentioned itto the Messenger of Allah, may Allah bless him and grant him peace,and hesaid, "Leave it. The man to whom it belongs is about to come."Then al-Bahzi, who was the man, came to the Prophet, may Allah blesshim and grant him peace, and said, "Messenger of Allah, do whateveryou want with this ass,' and the Messenger of Allah, may Allah blesshim and grant him peace, told Abu Bakr to divide it up among thecompany. Then they went on until they came to the well of al-Uthaba,which was between ar-Ruwaytha and al-Arj (between Makka and Madina),where they unexpectedly came upon a gazelle with an arrow in it, Iyingon its side in some shade. He claimed that the Messenger of Allah, mayAllah bless him and grant him peace, told someone to stand by it tomake sure no one disturbed it until everyone had passed by.

Yahya related to me from Malik, from Yahya ibn Said, that heheard Said ibn al-Musayyab relating from Abu Hurayra that he was oncecoming back from Bahrayn, and, when he reached ar-Rabadha, he found acaravan of people from Iraq in ihram, who asked him whether they couldeat the meat of some game which they had found with the people of ar-Rabadha, and he told them they could eat it. He said, "Afterwards Ihad doubts about what I had told them to do, so when I got back toMadina I mentioned the matter to Umar ibn al-Khattab and he said,'What did you tell them to do?' I said, ' I told them to eat it.' Umaribn al-Khattab said, threatening me, 'If you had told them to doanything else I would have done something to you.' "

Yahya related to me from Malik, from Ibn Shihab, that Salim ibnAbdullah heard Abu Hurayra relating to Abdullah ibn Umar how a groupof three people in ihram had passed him at ar-Rabadha and had askedhim for a fatwa about eating game which people who were not in ihramwere eating, and he told them that they could eat it. He said, "Then Iwent to Umar ibn al-Khattab in Madina and asked him about it, and hesaid, 'What did you say to them?' and I said, 'I told them that theycould eat it.' Umar said, 'If you had told them anything else I wouldhave done you an injury.' "

Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibnYasar, that Kab al-Ahbar was once coming back from Syria with a groupof riders, and at a certain point along the road they found some game-meat and Kab said they could eat it. When they got back to Madina theywent to Umar ibn al-Khattab and told him about that, and he said, "Whotold you you could do that?", and they said, ''Kab.'' He said, "He wasindeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passedthem by and Kab told them to catch them and eat them. When they gotback to Umar ibn al-Khattab they told him about this, and he said (toKab), "What made you tell them they could do that?" Kab said, "It isgame of the sea." He said, "How do you know?", and Kab said, "Amir al-muminin, by the One in whose hand my self is, it is only the sneeze ofa fish which it sneezes twice every year."

Malik was askedwhether a muhrim could buy game that he had found on the way. Hereplied, "Game that is only hunted to be offered to people performingHajj I disapprove of and forbid, but there is no harm in game that aman has which he does not intend for those in ihram, but which amuhrim finds and buys."

Malik said, about someone who hadsome game with him that he had hunted or bought at the time when hehad entered into ihram, that he did not have to get rid of it, andthat there was no harm in him giving it to his family.

Maliksaid that it was halal for some one in ihram to fish in the sea or inrivers and lakes, etc.

Yahya related to me from Malik, from Ibn Shihab, from Ubaydullahibn Abdullah ibn Utba ibn Masud, from Abdullah ibn Abbas, that as-Sabibn Jaththama al-Laythi once gave a wild ass to the Messenger ofAllah, may Allah bless him and grant him peace, while he was at al-Abwa, or Waddan, and the Messenger of Allah, may Allah bless him andgrant him peace, gave it back to him. However, when the Messenger ofAllah, may Allah bless him and grant him peace, saw the expression onthe man's face he said, "We only gave it back to you because we are inihram."

Yahya related to me from Malik, from Abdullah ibn Abi Bakr, thatAbd ar-Rahman ibn Amir ibn Rabia said, "I once saw Uthman ibn Affan inihram on a hot summer's day at al-Arj,and he had covered his face witha red woollen cloth. Some game-meat was brought to him and he told hiscompanions to eat. They said, 'Will you not eat then?', and he said,'I am not in the same position as you. It was hunted for my sake.' "

Yahya related to me from Malik, from Hisham ibn Urwa, from hisfather, that A'isha, umm al-muminin, said to him, "Son of my sister,it is only for ten nights, so if you get an urge to do something,leave it," by which she meant eating game-meat.

Malik saidthat if game was hunted forthe sake of a man who is in ihram and itwas prepared for him and he ate some of it knowing that it had beenhunted for his sake, then he had to pay a forfeit for all of the gamethat had been hunted on his behalf.

Malik was asked aboutwhether someone who was forced to eat carrion while he was in ihramshould hunt game and then eat that rather than the carrion, and hesaid, "It is better for him to eat the carrion, because Allah, theBlessed and Exalted, has not given permission for someone in ihram toeither eat game or take it in any situation, but He has madeallowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, toeat game which has been killed or sacrificed by some one in ihram,because, whether it was killed deliberately or by mistake, it was notdone in a halal manner, and so eating it is not halal. I have heardthis from more than one person. Somebody who kills game and then eatsit only has to make a single kaffara, which is the same as forsomebody who kills game but does not eat any of it."

Malik said, "It is not halal to eat any game that has been huntedin the Haram, or has had a dog set after it in the Haram and then beenkilled outside the Haram. Anyone that does that has to pay a forfeitfor what has been hunted. However, some one that sets his dog aftergame outside the Haram and then follows it until it is hunted down inthe Haram does not have to pay any forfeit, unless he set the dogafter the game near to the Haram. The game should not be eaten,however. If he set the dog loose near the Haram then he has to pay aforfeit for the game."

Malik said, "Allah, the Blessed and Exalted, says, 'O you whotrust, do not kill game while you are in ihram. Whoever of you killsgame intentionally has to pay a forfeit commensurate with what he haskilled in cattle which two men from among you shall judge, asacrificial animal which reaches the Kaba, or else he makes a kaffaraof either feeding poor people or the equivalent of that in fasting, sothat he may taste the consequences of what he has done.' " (Sura 5ayat 95).

Malik said, "Someone who hunts game when he is notin ihram and then kills it while he is in ihram is in the sameposition as someone who buys game while he is in ihram and then killsit. Allah has forbidden killing it, and so a man who does so has topay a forfeit for it. The position that we go by in this matter isthat a forfeit is assessed for anyone who kills game while he is inihram."

Yahya said that Malik said, "The best that I haveheard about someone who kills game and is assessed for it is that thegame which he has killed is assessed and its value in food isestimated and with that food he feeds each poor man a mudd, or fasts aday in place of each mudd. The number of poor men is considered, andif it is ten then he fasts ten days, and if it is twenty he faststwenty days, according to how many people there are to be fed, even ifthere are more than sixty."

Malik said, "I have heard that aforfeit is assessed for someone who kills game in the Haram while heis not in ihram in the same way that it is assessed for some one whokills game in the Haram while he is in ihram ."

crows, kites, scorpions, rats and mice, and wilddogs."

scorpions, rats and mice, crows,kites and wild dogs. "

rats and mice, scorpions, crows, kites and wild dogs."

Yahya related to me from Malik from Ibn Shihab that Umar ibn al-Khattab told people to kill snakes in the Haram.

Malik said,about the "wild dogs" which people were told to kill in the Haram,that any animals that wounded, attacked, or terrorised men, such aslions, leopards, Iynxes and wolves, were counted as"wild dogs."However, someone who was in ihram should not kill beasts of prey thatdid not attack (people), such as hyenas, foxes, cats and anything elselike them, and if he did then he had to pay a forfeit for it.Similarly, someone in ihram should not kill any predatory birds exceptthe kinds that the Prophet, may Allah bless him and grant him peace,specified, namely crows and kites. If someone in ihram killed anyother kind of bird he had to pay a forfeit for it.

Yahya related to me from Yahya ibn Said from Muhammad ibn Ibrahimibn alHarith at-Taymi from Rabia ibn Abi Abdullah ibn alHudayr that hesaw Umar ibn al-Khattab taking the ticks off a camel of his at as-Suqya while he was in ihram .

Malik said that he disapprovedof that.

Yahya related to me from Malik from Alqama ibn Abi Alqama thathis mother said, "I heard A'isha, the wife of the Prophet, may Allahbless him and grant him peace, being asked whether some one in ihramcould scratch their body or not, and she said, 'Yes, he can scratch itand do so as hard as he pleases. I would scratch even if my hands weretied and I could only use my feet.' "

Yahya related to me from Malik from Ayyub ibn Musa that Abdullahibn Umar once looked in the mirror for something that was irritatinghim while he was in ihram.

Yahya related to me from Malik from Nafi that Abdullah ibn Umardid not like people who were in ihram removing mites or ticks fromtheir camels.

Malik said, "This is what I like most out ofwhat I have heard about the matter."

Yahya related to me from Malik that Muhammad ibn Abdullah ibn AbiMaryam once asked Said ibn al-Musayyab about (what to do with) a nailof his that had broken while he was in ihram and Said said, "cut itoff."

Malik was asked whether some one in ihram who had anear-complaint could use medicinal oil which was not perfumed fordropping into his ears, and he said, "I do not see any harm in that,and even if he were to put it into his mouth I still would not see anyharm in it."

Malik said that there was no harm in some one inihram lancing an abscess that he had, or a boil, or cutting a vein, ifhe needed to do so.

Yahya related to me from Malik from Ibn Shihab from Sulayman ibnYasar that Abdullah ibn Abbas said, "Al-Fadl ibn Abbas was ridingbehind the Messenger of Allah, may Allah bless him and grant himpeace, when a woman from the Khathama tribe came to him to ask him fora fatwa. Al-Fadl began to look at her, and she at him, and theMessenger of Allah, may Allah bless him and grant him peace, turnedFadl's face away to the other side. The woman said, 'Messenger ofAllah, Allah's making the hajj obligatory finds my father a very oldman, unable to stay firm on his riding-beast. Can I do hajj for him?',and he said, 'Yes.' This was during the farewell hajj."

Yahya related to me that Malik said, "Someone whose passage tothe House is blocked by an enemy is freed from every restriction ofihram, and should sacrifice his animal and shave his head wherever hehas been detained, and there is nothing for him to make upafterwards."

Yahya related to me from Malik that he had heardthat when the Messenger of Allah, may Allah bless him and grant himpeace, and his companions came out of ihram at al-Hudaybiya theysacrificed their sacrificial animals and shaved their heads, and werefreed from all the restrictions of ihram without having done tawaf ofthe House and without their sacrificial animals reaching the Kaba.

There is nothing known about the Messenger of Allah, mayAllah bless him and grant him peace, ever telling any of hiscompanions, or anybody else that was with him, to make up for anythingthey had missed or to go back to doing anything they had not finisheddoing.