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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible to hunt inside the miqat and outside the Haram for one who is not in ihram? And if he runs over some birds with his car inside the Haram, does he commit a sin?

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The questioner:
Is it permissible to hunt inside the miqat and outside the Haram for one who is not in ihram? And if he runs over some birds and animals with his car without intending to, while inside the Haram, is he required to do anything? And does he commit a sin for that? May Allah reward you with good.

The Shaykh:
As for the one in ihram, it is not permissible for him to kill game inside the Haram or outside the Haram, from the time he enters ihram until he exits it. Allah the Exalted said:
O you who have believed, do not kill game while you are in the state of ihram.يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْتُلُوا الصَّيْدَ وَأَنتُمْ حُرُمٌ
[Al-Ma'idah 5:95]
up to His saying: "And when you are no longer in the state of ihram, then hunt." It is forbidden for the one in ihram to kill edible land game, to kill edible land game, neither inside the Haram nor outside the Haram. As for the one who is not in ihram, it is permissible for him to hunt outside the Haram, but inside the Haram it is not permissible. It is not permissible to kill the game of the Haram, neither for the one in ihram nor for the one who is not in ihram, because the game of the Haram is not to be driven away, its grass is not to be cut, and its lost items are not to be picked up except by one who calls out to them. So it is not permissible to kill edible land game inside the Haram, neither for those in ihram nor for those not in ihram, due to the sanctity of the Haram. This is the same whether he shot it, hit it with a stone, or ran it over with a car, whether he did it intentionally or unintentionally; the penalty and the expiation are required of him. Allah the Exalted said:
And whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killedوَمَن قَتَلَهُ مِنكُم مُّتَعَمِّدًا فَجَزَاءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ
[Al-Ma'idah 5:95]
to the end of the verse. And because this is destruction, and destruction is the same in terms of liability whether intentional or accidental, according to the majority of the scholars. So it is clear to us the difference between the one in ihram and the one who is not: the one in ihram does not hunt, neither outside the Haram nor inside it, whereas the one who is not in ihram is permitted to hunt outside the Haram, but it is not permissible for him inside the Haram. The game referred to here is edible land game, such as birds, gazelles, rabbits, or anything else that is called game and whose consumption is permissible.

The presenter:
May Allah reward you with good. He asks about one who ran over some birds with his car without intending to?

The Shaykh:
Yes, the expiation is obligatory upon him, according to the view of the majority of the scholars. The expiation is obligatory upon him because this is destruction, and destruction is the same whether intentional or accidental, if these birds are game whose consumption is permissible. Yes.

The presenter:
May Allah reward you with good, and may He do you good.
Source قناة «العلامة الدكتور صالح الفوزان»، هل يجوز الصيد داخل الميقات وخارج الحرم لغير المحرم وإذا دعس بسيارته بعض الطيور داخل الحرم هل يأثم؟ — youtube.com

The Arabic text is a machine transcription of the audio recording.

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