The Book of Hajj-02b

The Reciter: The chapter on the prohibition of hunting for the one in ihram. Yahya ibn Yahya narrated to us, saying: I read to Malik, from Ibn Shihab, from 'Ubayd Allah ibn 'Abd Allah, from Ibn 'Abbas, from al-Sa'b ibn Jathamah al-Laythi: .

The Shaykh : His statement: "The chapter on the prohibition of hunting for the one in ihram." We must know what hunting is. Hunting is every wild, naturally wild, land animal that is lawful. It must have these characteristics: it is a land animal, the opposite of a sea animal; it is wild, the opposite of domesticated; and it is lawful, the opposite of forbidden.
Based on this, all forbidden animals are not forbidden for the one in ihram; it is permissible for the one in ihram to kill them.
A land animal is the opposite of a sea animal, so sea animals are lawful for the one in ihram.
Wild: the opposite of domesticated. The meaning of wild here is originally wild, meaning that its origin is wild, even if it becomes domesticated. The opposite is domesticated, even if it becomes wild. So, if a sheep becomes wild and fears people, becoming like gazelles that never become accustomed to people, is it forbidden or lawful? It is lawful, because the criterion is the origin.
And if a gazelle or a pigeon becomes domesticated, it is forbidden, because the criterion is its origin.
The prohibition of hunting for the one in ihram is indicated by the Book, the Sunnah, and scholarly consensus. Allah (Blessed and Exalted is He) said: ?
From the moment a person enters the state of ihram, hunting is forbidden to him. But does it forbid him from eating the game or killing the game? Yes, killing the game, whether he eats it or not. And if he kills it, even with something that permits killing, it becomes carrion, due to the saying of the Exalted: . So Allah called his hunting "killing," and killing does not make the killed animal lawful.
As for eating it, if it is what he hunted himself, it is forbidden for him and for others. And if it is what someone else hunted, there is a detailed ruling.
If he hunted it for him, i.e., for the one in ihram, it is forbidden. And if he hunted it for himself, it is not forbidden for the one in ihram, due to the hadith of Jabir in the Sunan: .
The hadith of al-Sa'b ibn Jathamah indicates this. He gifted a wild ass to the Prophet (peace and blessings be upon him) while he was at al-Abwa or Budan. The narrator was uncertain, and these are names for two places. Al-Sa'b ibn Jathamah (may Allah be pleased with him) was a man who was a runner and a hunter. The Prophet (peace and blessings be upon him) and others stayed with him. At that time, there were many game animals in the Arabian Peninsula. So he went to the mountains around him and brought a wild ass, presenting it to the Prophet (peace and blessings be upon him) as hospitality. But the Prophet (peace and blessings be upon him) returned it to him because he knew that he had hunted it for him. He returned it to him. He said: When the Messenger of Allah (peace and blessings be upon him) saw what was on my face, he said: .
When he saw that his face had changed, how did the Prophet (peace and blessings be upon him) return his gift! He said: . And it is known that the one in ihram does not eat what was hunted for his sake.
This is the stronger opinion regarding the meaning of this hadith.
Some scholars said: It is forbidden for the one in ihram to kill game and eat game, and they cited this hadith as evidence. But it will come to us, if Allah wills, in the hadith of Abu Qatadah, which requires interpreting this hadith as applying when the one in a state of purity hunts for the one in ihram.
If someone asks: What is the wisdom in it being forbidden for the one in ihram to hunt?
We say: The wisdom in that is from two aspects:
The first: That he does not become distracted by hunting, because hunting attracts a person strongly. Ask the hunters about the compassion and attention they find in hunting. This leads to the one in ihram becoming distracted by hunting when he sees it and preoccupied with what he should be doing in the state of ihram.
The second: That there is a type of relaxation in hunting, relaxation for the souls. This also distracts a person from what he should be doing in the state of his ihram, such as being unkempt, dusty, and humble, and the like.