Reconciling: “Indeed, we did not return it to you” with: “So eat what remains of its meat”
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Question: The hadith of al-Sa'b ibn Jathamah (may Allah be pleased with him) that he gifted a wild donkey to the Messenger of Allah (peace and blessings be upon him) while he was at al-Abwa or Budan, and he returned it to him, saying: Sahih Muslim 1193a It is agreed upon by al-Bukhari and Muslim. Is this an abrogation of the hadith of Abu Qatadah (may Allah be pleased with him) regarding the story of his hunting a wild donkey while he was not in a state of ihram? He said: The Messenger of Allah (peace and blessings be upon him) said to his companions, who were in a state of ihram: They said: No. He said: Sahih al-Bukhari 1824 It is agreed upon by al-Bukhari and Muslim. Is it because the hadith of Abu Qatadah is from al-Hudaybiyyah and the hadith of al-Sa'b is from the Treaty?
Answer: There is no contradiction between them; because Abu Qatadah did not hunt it for those in a state of ihram, and they did not assist him in doing so. As for al-Sa'b, he gifted it to the Prophet (peace and blessings be upon him) while it was alive, and one in a state of ihram is prohibited from hunting live game, just as he is prohibited from eating what was hunted for his sake, even if its owner had slaughtered it. This is the reconciliation between the two hadiths. Also indicating this is the hadith of Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 1851Da'if (Al-Albani). And success is from Allah.
Question: Is it mentioned in some narrations that it was alive?
Answer: In some narrations it is mentioned that it was alive, and in others that the hindquarters of a donkey or a leg of a donkey was gifted. The narration of a leg of a donkey or the hindquarters of a donkey is understood to mean that he hunted it for the sake of the Prophet (peace and blessings be upon him).
Question: Did Abu Qatadah hunt it for their sake, or did he gift it to them?
Answer: He did not hunt it for their sake; rather, he gifted it to them, as mentioned previously.
We have refused it only because we are in a state of Ihram.
إنا لم نرده عليك إلا أنا حرمIs there among you anyone who assisted him or advised him about anything?
هل منكم أحد أعانه أو أشار إليه بشيء؟Then eat what is left of its meat.
فكلوا ما بقي من لحمهAnswer: There is no contradiction between them; because Abu Qatadah did not hunt it for those in a state of ihram, and they did not assist him in doing so. As for al-Sa'b, he gifted it to the Prophet (peace and blessings be upon him) while it was alive, and one in a state of ihram is prohibited from hunting live game, just as he is prohibited from eating what was hunted for his sake, even if its owner had slaughtered it. This is the reconciliation between the two hadiths. Also indicating this is the hadith of Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:
The game of the land is lawful for you (when you are wearing ihram) as long as you do not hunt it or have it hunted on your behalf.
صيد البر لكم حلال ما لم تصيدوه أو يُصَدْ لكمQuestion: Is it mentioned in some narrations that it was alive?
Answer: In some narrations it is mentioned that it was alive, and in others that the hindquarters of a donkey or a leg of a donkey was gifted. The narration of a leg of a donkey or the hindquarters of a donkey is understood to mean that he hunted it for the sake of the Prophet (peace and blessings be upon him).
Question: Did Abu Qatadah hunt it for their sake, or did he gift it to them?
Answer: He did not hunt it for their sake; rather, he gifted it to them, as mentioned previously.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.