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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on killing game while in the state of ihram?

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Question : We conclude this session, Honorable Shaykh, with a question from one of the brothers. He says: What is the ruling on one who kills game while in the state of ihram?

Answer : Killing game while in the state of ihram is forbidden. This is based on the Book and the Sunnah, due to the saying of Allah, Blessed and Exalted is He:
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]
. The Prophet (peace and blessings be upon him) also prohibited it. He said: "Game of the land is lawful for you, as long as you do not hunt it or it is not hunted for you." But if he kills it unintentionally.
Such as if he runs it over without being aware of it, or if a pigeon flies and hits a car and dies, or something similar where the person has no intention, then he owes nothing; there is no sin on him and no expiation, due to the saying of Allah the Exalted:
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]
. And so it is with all the prohibitions of ihram: if a person commits them unintentionally, or he is forgetful or ignorant, then he owes nothing, due to the saying of Allah, Blessed and Exalted is He:
Our Lord, do not impose blame upon us if we have forgotten or erred.رَبَّنَا لَا تُؤَاخِذْنَا إِن نَّسِينَا أَوْ أَخْطَأْنَا
[Al-Baqarah 2:286]
. So Allah the Exalted said: "You have done it." On this occasion, we should know that the one who commits the prohibitions of ihram is in one of three states. The first state is that he is excused by ignorance, forgetfulness, or compulsion; in this case, he owes nothing, no sin and no fidyah (ransom payment), due to the saying of Allah the Exalted:
Our Lord, do not impose blame upon us if we have forgotten or erred.رَبَّنَا لَا تُؤَاخِذْنَا إِن نَّسِينَا أَوْ أَخْطَأْنَا
[Al-Baqarah 2:286]
. The second state is that he does it out of need, with intention; in this case, it is permissible, there is no sin on him, but he must pay the expiation or fidyah that is established for this prohibition. The third state is that he does it intentionally, without excuse and without need; in this case, he commits a sin, and he must pay the expiation, fidyah, or whatever else is established for that prohibition. Yes. May Allah reward you, Honorable Shaykh, and may He bless you.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1353- ما حكم قتل الصيد في حال الإحرام /سؤال على الهاتف 📞 /ابن عثيمين — youtube.com

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

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