The Book of Hajj-03a
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The reciter: And Abu Bakr ibn Abi Shaybah narrated to us, saying: Ghundar narrated to us from Shu'bah. And Ibn al-Muthanna and Ibn Bashshar both said: Muhammad ibn Ja'far narrated to us, and Shu'bah narrated, saying: I heard Qatadah narrating from Sa'id ibn al-Musayyib from Aisha (may Allah be pleased with her) from the Prophet (peace and blessings be upon him) that he said: Sahih Muslim 1198b.
The Shaykh : When the author (may Allah have mercy on him) mentioned the prohibition of hunting for the one in the state of ihram, he mentioned what is not considered hunting, and what is in the sacred precinct. He mentioned the hadith of Aisha (may Allah be pleased with her) that the Prophet (peace and blessings be upon him) said:Sahih Muslim 1198a.
The fasiq (open sinner) is the one who deviates from the straight path. For this reason, it is said that the opposite of the fasiq is the 'adil (just person), and the 'adil is the one who is upright in his religion and his honor.
So the fasiq is the one who deviates from the straight path. And these four animals are undoubtedly deviating from the straight path, in the sacred and non-sacred areas. The sacred area is what is within the miles, and the non-sacred area is what is outside of it. And these boundaries vary in nearness and distance relative to the Ka'bah. It is not for us to speak about why the boundaries are near in this direction and far in that direction, because these are matters based on divine revelation.
And the scholars (may Allah have mercy on them) mentioned after every boundary from the Ka'bah in every direction, which is known and lengthy. The kite, and the kite is a vicious bird that snatches meat, snatches gold, and snatches anything red, such that if it were possible for it to snatch the shemagh from the head of its owner, it would do so.
This is to be killed in the sacred and non-sacred areas, due to its aggression. The raven, the raven is of two types: the large, vile raven that cuts the date palm fronds, and attacks the camel, wounding it and digging into its rear. As for the small grain raven that resembles the pigeon or is close to the size of a pigeon, it is not included in the hadith. The rat is well known; what is its harm? It digs in the house and digs in the old water skins and spoils the food, so it is undoubtedly a pest.
The vicious dog, which bites those who pass by it, whether the dog is the one passing by or someone else is the one passing by. And biting is biting with the fangs, whether it bites him in the foot or the leg or any part of his body, such as if it sees him sleeping and bites him in the hand. So this is to be killed because it is harmful. But if it is not vicious, it is not killed, neither in the sacred nor the non-sacred area, except the black one, for the black one is to be killed because it is a devil. He said: So I asked al-Qasim: "What do you say about the snake?" Who is the one asking? It is 'Abd Allah ibn Maqsam. He said to al-Qasim ibn Muhammad: "What do you say about the snake?" He said: "It is to be killed in a state of weakness," meaning it is to be killed while it is weak, due to the saying of Allah the Exalted:Sunan al-Bayhaqi 16:1214.
The meaning is: it is to be killed in a state of weakness and humiliation, because it is more vile than these mentioned animals and more harmful.
And the scorpion was not mentioned in this hadith, but it was mentioned in another context. And the scorpion is also to be killed because it stings and harms with its poison. It is more vile than the snake in one aspect, because the snake generally does not come except to the one who comes to it and moves it, whereas the scorpion, as soon as it senses that it has caught an animal, it stings. But it is to be killed.
And his saying (peace and blessings be upon him):Sunan an-Nasa'i 2887Sahih (Darussalam) From this description, it is understood that whatever is like them or worse than them is to be killed, because the ruling follows its cause in existence and non-existence.
So the wolf, for example, is to be killed a fortiori, and the lion is to be killed a fortiori. Likewise, whatever is like the scorpion and like the snake is to be killed.
For this reason, the scholars (may Allah have mercy on them) said: every harmful thing is to be killed, whether it is in the sacred or the non-sacred area. This is for what whose nature is harm. As for what whose nature is peace but it attacks and harms, then it is repelled as a repelling of an attacker, in the sacred or the non-sacred area.
Meaning, if it is assumed that a person is attacked by a game animal, like a gazelle, and it attacks him while he is in the state of ihram or in the sacred area, and its harm is not repelled except by killing it, then he kills it, and he owes nothing.
Five are the harmful things which should be killed in the state of Ihram or otherwise: snake, speckled crow. rat. voracious dog, and kite.
خمس فواسق ، يقتلن في الحلّ والحرم: الحيّة ، والغراب الأبقع ، والفأرة ، والكلب العقور ، والحديّاThe Shaykh : When the author (may Allah have mercy on him) mentioned the prohibition of hunting for the one in the state of ihram, he mentioned what is not considered hunting, and what is in the sacred precinct. He mentioned the hadith of Aisha (may Allah be pleased with her) that the Prophet (peace and blessings be upon him) said:
Four are the vicious (birds, beasts and reptiles) which should be killed in the state of Ihram or otherwise
أربع كلهن فاسق يقتلن في الحل والحرمThe fasiq (open sinner) is the one who deviates from the straight path. For this reason, it is said that the opposite of the fasiq is the 'adil (just person), and the 'adil is the one who is upright in his religion and his honor.
So the fasiq is the one who deviates from the straight path. And these four animals are undoubtedly deviating from the straight path, in the sacred and non-sacred areas. The sacred area is what is within the miles, and the non-sacred area is what is outside of it. And these boundaries vary in nearness and distance relative to the Ka'bah. It is not for us to speak about why the boundaries are near in this direction and far in that direction, because these are matters based on divine revelation.
And the scholars (may Allah have mercy on them) mentioned after every boundary from the Ka'bah in every direction, which is known and lengthy. The kite, and the kite is a vicious bird that snatches meat, snatches gold, and snatches anything red, such that if it were possible for it to snatch the shemagh from the head of its owner, it would do so.
This is to be killed in the sacred and non-sacred areas, due to its aggression. The raven, the raven is of two types: the large, vile raven that cuts the date palm fronds, and attacks the camel, wounding it and digging into its rear. As for the small grain raven that resembles the pigeon or is close to the size of a pigeon, it is not included in the hadith. The rat is well known; what is its harm? It digs in the house and digs in the old water skins and spoils the food, so it is undoubtedly a pest.
The vicious dog, which bites those who pass by it, whether the dog is the one passing by or someone else is the one passing by. And biting is biting with the fangs, whether it bites him in the foot or the leg or any part of his body, such as if it sees him sleeping and bites him in the hand. So this is to be killed because it is harmful. But if it is not vicious, it is not killed, neither in the sacred nor the non-sacred area, except the black one, for the black one is to be killed because it is a devil. He said: So I asked al-Qasim: "What do you say about the snake?" Who is the one asking? It is 'Abd Allah ibn Maqsam. He said to al-Qasim ibn Muhammad: "What do you say about the snake?" He said: "It is to be killed in a state of weakness," meaning it is to be killed while it is weak, due to the saying of Allah the Exalted:
Until they pay the jizyah (the tax on protected non-Muslims) with their hands while in a state of humiliation.
حتى يعطوا الجزية عن يد وهم صاغرونThe meaning is: it is to be killed in a state of weakness and humiliation, because it is more vile than these mentioned animals and more harmful.
And the scorpion was not mentioned in this hadith, but it was mentioned in another context. And the scorpion is also to be killed because it stings and harms with its poison. It is more vile than the snake in one aspect, because the snake generally does not come except to the one who comes to it and moves it, whereas the scorpion, as soon as it senses that it has caught an animal, it stings. But it is to be killed.
And his saying (peace and blessings be upon him):
all of which are vermin, and may killed outside and inside the sanctuary
كلهن فاسق يقتلن في الحل والحرمSo the wolf, for example, is to be killed a fortiori, and the lion is to be killed a fortiori. Likewise, whatever is like the scorpion and like the snake is to be killed.
For this reason, the scholars (may Allah have mercy on them) said: every harmful thing is to be killed, whether it is in the sacred or the non-sacred area. This is for what whose nature is harm. As for what whose nature is peace but it attacks and harms, then it is repelled as a repelling of an attacker, in the sacred or the non-sacred area.
Meaning, if it is assumed that a person is attacked by a game animal, like a gazelle, and it attacks him while he is in the state of ihram or in the sacred area, and its harm is not repelled except by killing it, then he kills it, and he owes nothing.