If one sees a gazelle inside the Haram, what should he do with it?
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Fatwa number ( 1692 )
Q: I previously bought a young gazelle from the Jizan region and brought it to my residence in Makkah al-Mukarramah. It has now grown up and is causing us trouble. Is it permissible for me to move it from Makkah to Ta'if or Jeddah and sell it, or take it out to the non-sacred area (al-Hal) and slaughter it and benefit from its meat? Please rule on this for us.
A: If the situation is as you described, then you may slaughter the gazelle in Makkah or sell it there, and you may take it out to al-Ta'if or Jeddah or any other place in the permitted area (Haram) to slaughter it or sell it in the permitted area, according to the correct opinion of the scholars on this matter; because the text came down prohibiting hunting for the one in the state of Ihram, even if he is not in the Sacred Precinct, and prohibiting hunting for the one in the Sacred Precinct, even if he is not in the state of Ihram. What you asked about is not one of these two matters, nor is it within their meaning, so what you mentioned remains on the original principle of permissibility, whether for keeping it or slaughtering it; because you acquired it outside the Sacred Precinct while you were in a state of purity (not in Ihram). Allah the Exalted said:[Al-Ma'idah 5:94-95] , until He said: [Al-Ma'idah 5:96] , and it is established from the Prophet (peace and blessings be upon him) that he said: Sahih al-Bukhari 1833 , the hadith, narrated by al-Bukhari and Muslim, and it is established from him (peace and blessings be upon him) that he also said: Sahih Muslim 1362 , narrated by al-Bukhari and Muslim . And based on this, anything that a non-Ihram person hunts in the permitted area and brings into the Sacred Precinct, or that an Ihram person takes from him by purchase, gift, or inheritance, is lawful for the Ihram person, and for the one in the Sacred Precinct to possess, slaughter, and eat it in the permitted area and the Sacred Precinct. And if a person enters the state of Ihram and has game in his hand, or in his house, or in a cage with him, and he had acquired it before that, it is lawful for him, as it was before, so he may slaughter it, eat it, and sell it. What is only forbidden for the Ihram person and the one in the Sacred Precinct is to initially hunt the game, and to take and eat what was hunted specifically for him. If he does so, he does not own it, and if he slaughters it, it is carrion; because of what is established in the authentic hadith: and he did not order its release, and that was in the Sacred Precinct of al-Madinah , and Hisham ibn 'Urwah said: The Commander of the Faithful, 'Abdullah ibn al-Zubayr in Makkah for nine years, saw them in cages, and the Companions of the Messenger of Allah (peace and blessings be upon him) would arrive in Makkah, and there were parrots and quails, and they were not prohibited from that. And Ibn Hazm narrated from Mujahid : There is no harm in bringing game into the Sacred Precinct alive and then slaughtering it. And he also narrated that Salih ibn Kaysan said: I saw game being sold in Makkah alive during the rule of Ibn al-Zubayr . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I previously bought a young gazelle from the Jizan region and brought it to my residence in Makkah al-Mukarramah. It has now grown up and is causing us trouble. Is it permissible for me to move it from Makkah to Ta'if or Jeddah and sell it, or take it out to the non-sacred area (al-Hal) and slaughter it and benefit from its meat? Please rule on this for us.
A: If the situation is as you described, then you may slaughter the gazelle in Makkah or sell it there, and you may take it out to al-Ta'if or Jeddah or any other place in the permitted area (Haram) to slaughter it or sell it in the permitted area, according to the correct opinion of the scholars on this matter; because the text came down prohibiting hunting for the one in the state of Ihram, even if he is not in the Sacred Precinct, and prohibiting hunting for the one in the Sacred Precinct, even if he is not in the state of Ihram. What you asked about is not one of these two matters, nor is it within their meaning, so what you mentioned remains on the original principle of permissibility, whether for keeping it or slaughtering it; because you acquired it outside the Sacred Precinct while you were in a state of purity (not in Ihram). Allah the Exalted said:
(94) O you who have believed, Allah will surely test you through something of the game that your hands and spears [can] reach, that Allah may make evident those who fear Him unseen. And whoever transgresses after that - for him is a painful punishment. (95) O you who have believed, do not kill game while you are in the state of ihram
يَا أَيُّهَا الَّذِينَ آمَنُوا لَيَبْلُوَنَّكُمُ اللَّهُ بِشَيْءٍ مِنَ الصَّيْدِ تَنَالُهُ أَيْدِيكُمْ وَرِمَاحُكُمْ لِيَعْلَمَ اللَّهُ مَنْ يَخَافُهُ بِالْغَيْبِ فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ (94) يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تَقْتُلُوا الصَّيْدَ وَأَنْتُمْ حُرُمٌLawful to you is game from the sea and its food as provision for you and the travelers, but forbidden to you is game from the land as long as you are in the state of ihram. And fear Allah to whom you will be gathered.
أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ مَتَاعًا لَكُمْ وَلِلسَّيَّارَةِ وَحُرِّمَ عَلَيْكُمْ صَيْدُ الْبَرِّ مَا دُمْتُمْ حُرُمًا وَاتَّقُوا اللَّهَ الَّذِي إِلَيْهِ تُحْشَرُونَAllah 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
إن الله حرم مكة فلم تحل لأحد قبلي، ولا تحل لأحد بعدي، وإنما أحلت لي ساعة من نهار، لا يختلى خلاها، ولا يعضد شجرها، ولا ينفر صيدهاIbrahim declared Mecca as sacred; I declare Medina, that between the two mountains, as inviolable. No tree should be lopped and no game is to be molested.
إن إبراهيم حرم مكة، وإني حرمت المدينة ما بين لابتيها، لا يقطع عضاهها، ولا يصاد صيدهاThat the Prophet (peace and blessings be upon him) saw a bird called the nugayr in the hand of Abu 'Amir al-Ansari, and he said to him: O Abu 'Amir, what has happened to the nugayr?
أن النبي صلى الله عليه وسلم رأى في يد أبي عمير الأنصاري طائرًا يقال له النُّغَير، فقال له: يا أبا عمير ما فعل النغير؟
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.