What is the ruling on hunting by a person in the state of ihram, whether in the Haram or elsewhere, and what is obligatory upon him? Do the intentional, the mistaken, the forgetful, and the ignorant stand equal in this? We ask for a detailed answer with the preferred position, and a detailed explanation of the expiation and its method.
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The questioner : Your Eminence, what is the ruling on hunting by a person in the state of ihram, whether in the Haram or elsewhere, and what is obligatory upon him? Do the intentional, the mistaken, the forgetful, and the ignorant stand equal in this? We ask for a detailed answer with the preferred position, and a detailed explanation of the expiation and its method?
The Shaykh : This requires us to write a complete book. Hunting by a person in the state of ihram is forbidden, whether inside the Haram or outside it, based on the saying of Allah the Exalted:[Al-Ma'idah 5:95] Accordingly, it is forbidden for a person in the state of ihram to kill game, even if it is in the permitted area. If it is inside the Haram, the prohibition of hunting comes from two aspects: the first aspect is the state of ihram, and the second aspect is the sanctity of the Haram.
As for the penalty for hunting, Allah the Exalted clarified it in His Book, saying:[Al-Ma'idah 5:95] As for the questioner’s query about whether there is a difference between intentional killing, ignorance, or mistake? The answer is: Yes, there is a difference between intentional and mistaken. If he kills it by mistake, he owes nothing. If he kills it intentionally, he commits a sin and owes the penalty. Accordingly, if a person is in his car and driving, and a pigeon passes in front of the car and he hits it and it dies, he owes no penalty and commits no sin, because he is not intentional. Allah mentioned this condition in His Book, saying: [Al-Ma'idah 5:95] We should know, may Allah reward you, an important rule: all prohibitions of worship, if a person commits them while ignorant, forgetful, or not intentional, he owes nothing, neither sin nor penalty. This includes the prohibitions of ihram, the prohibitions of prayer, the prohibitions of fasting, and all forbidden acts. Therefore, if a person performs cupping while fasting, not knowing that cupping breaks the fast, his fast is valid. If a person has intercourse with his wife while fasting, forgetfully, his fast is valid and he owes no expiation. Likewise, if he has intercourse while in the state of ihram, forgetfully, even if the person is far away, but assuming it happens, he owes nothing in any case. All prohibitions in acts of worship, if a person commits them while forgetful, ignorant, or not intentional, he owes no sin or penalty in matters where a penalty is due.
The Shaykh : This requires us to write a complete book. Hunting by a person in the state of ihram is forbidden, whether inside the Haram or outside it, based on the saying of Allah the Exalted:
O you who have believed, do not kill game while you are in the state of ihram.
يا أيها الذين آمنوا لا تقتلوا الصيد وأنتم حرمAs for the penalty for hunting, Allah the Exalted clarified it in His Book, saying:
