Guarantee for Birds Killed by a Car in the Sacred Precinct
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh! While I was driving my car in Muzdalifah near al-Mash'ar al-Haram, a flock of birds crossed my path, and one of them, or the car, struck the left side of the vehicle, and it died without any intention or purpose on my part. Is there anything required of me in this, and what is it?
The Shaykh:
The question regarding the incident that occurred.
Another questioner:
And the stairs.
The Shaykh:
Muzdalifah. Yes, this is in the Sacred Precinct. If one kills game in the Sacred Precinct, he is liable for it. If he destroys these birds, he is liable for them, because they are game of the Sacred Precinct.
And Allah the Exalted says:[Al-Ma'idah 5:95] The scholars have explained that a pigeon is compensated for with a sheep, because it resembles the sheep in drinking water, as it gulps down water like a sheep. Therefore, if one kills a pigeon in the Haram, he is liable for compensation, whether he shot it, hit it with a car, ran it over, or did something else. The scholars say that in cases of destruction, the intentional and the accidental are equal; because this is destruction. What distinguishes between error and intention are matters that do not involve destruction, such as using perfume for a person in ihram, wearing sewn clothes for a person in ihram, or covering the head for a person in ihram. If he does these while forgetting, he owes nothing; because he did not destroy anything. Unlike killing, for which Allah, Mighty and Majestic, has made obligatory the blood money and expiation for the killing of a human being, [An-Nisa 4:92] up to the words of Allah the Exalted: [An-Nisa 4:92] [An-Nisa 4:92]. Even though it was an error, this indicates that destruction entails liability, even if it was an error.
In any case, this is the most cautious approach. Otherwise, some scholars say that if hunting is killed unintentionally, he owes nothing, because Allah the Exalted says:[Al-Ma'idah 5:95] So the implication of its meaning is that the one who erred owes nothing. But out of caution, he performs the expiation. Yes.
Honorable Shaykh! While I was driving my car in Muzdalifah near al-Mash'ar al-Haram, a flock of birds crossed my path, and one of them, or the car, struck the left side of the vehicle, and it died without any intention or purpose on my part. Is there anything required of me in this, and what is it?
The Shaykh:
The question regarding the incident that occurred.
Another questioner:
And the stairs.
The Shaykh:
Muzdalifah. Yes, this is in the Sacred Precinct. If one kills game in the Sacred Precinct, he is liable for it. If he destroys these birds, he is liable for them, because they are game of the Sacred Precinct.
And Allah the Exalted says:
And whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killed, as judged by two just men among you
وَمَن قَتَلَهُ مِنكُم مُّتَعَمِّدًا فَجَزَاءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنكُمْAnd never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave
وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً وَمَن قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍa compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity
وَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ إِلَّا أَن يَصَّدَّقُواthen [instead], a fast for two months consecutively
فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِIn any case, this is the most cautious approach. Otherwise, some scholars say that if hunting is killed unintentionally, he owes nothing, because Allah the Exalted says:
And whoever of you kills it intentionally
وَمَن قَتَلَهُ مِنكُم مُّتَعَمِّدًا
Source
الفوزان -أشرطة- أسئلة وأجوبة من دروس التوحيد - الفوزان - أسئلة وأجوبة - 04 — archive.org (1:22:46)
The Arabic text is a machine transcription of the audio recording.