Discussion of the issue: If a person in the state of ihram has carrion in front of him and a gazelle in front of him, and he is in a state of dire necessity, what should he do?
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The Shaykh : However, there is an issue mentioned by the jurists, a strange one. If he has carrion with him and a gazelle in front of him, and he is currently in the utmost state of dire necessity, and he must either eat the carrion or hunt the gazelle and eat it, what should he do?
The questioner : He should hunt the gazelle.
The Shaykh: He should hunt the gazelle? Are we agreed on this?
The questioner : There are two opinions on this.
The Shaykh : Two opinions, let it be on the right or on the left, what is your opinion?
The questioner : ... This is forbidden, and this is for the sake of dire necessity.
The Shaykh : In any case, Shaykh Sulayman resolved this by stating that there are two opinions in the issue, and indeed there are two opinions in it. Some said to prioritize eating the carrion and let the hunting go, while others said to prioritize the hunting because he is able to slaughter it with a lawful slaughter, and the slaughtered animal is better than the carrion.
The questioner : Does he have to pay a penalty?
The Shaykh : He does not have to pay a penalty, because it is permissible for him. Now, my brothers, there is disagreement in this issue. Some said to prioritize the carrion because the carrion has become lawful for him in this case. Allah the Exalted said:[An-Nahl 16:115] And the hunting is currently respected because this carrion has become for him as if it were slaughtered meat, so there is no dire necessity for the hunting, and thus the hunting is forbidden for him. Do you understand now? The second opinion is that he prioritizes the hunting because the carrion was forbidden due to its filthiness; Allah Mighty and Majestic forbade it because it is harmful and an abomination. The hunting was forbidden due to its sanctity and the right of Allah Mighty and Majestic, and Allah has permitted it for us, so He has made an exception for him. If he hunts it, it will be a good, slaughtered prey, and the slaughtered animal is lawful. Even if we say that if he hunts it in this state, he must pay a penalty because he took its life for his own benefit, it is like shaving the hair of the head if he fears harm from it, or if we say that in this state it is not forbidden, then there is no penalty. What appears to me is that he should prioritize the good that Allah has made lawful, because now you have two things, both of which are lawful, or rather, the correct view is that one of them is lawful. So which do you choose? Do you choose the filthy, impure thing, or do you choose the good, pure thing?
The questioner : The second one.
The Shaykh : The second one, and for this reason, the correct view is that in this state, he prioritizes the hunting.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful. He (may Allah have mercy on him) said: "It is forbidden to contract a marriage, and it is not valid, and there is no ransom payment, and taking back the wife is valid. If the person in the state of ihram has intercourse before the first removal of the state of ihram, their pilgrimage is defective, and they continue in it and make it up in the second year."
The questioner : He should hunt the gazelle.
The Shaykh: He should hunt the gazelle? Are we agreed on this?
The questioner : There are two opinions on this.
The Shaykh : Two opinions, let it be on the right or on the left, what is your opinion?
The questioner : ... This is forbidden, and this is for the sake of dire necessity.
The Shaykh : In any case, Shaykh Sulayman resolved this by stating that there are two opinions in the issue, and indeed there are two opinions in it. Some said to prioritize eating the carrion and let the hunting go, while others said to prioritize the hunting because he is able to slaughter it with a lawful slaughter, and the slaughtered animal is better than the carrion.
The questioner : Does he have to pay a penalty?
The Shaykh : He does not have to pay a penalty, because it is permissible for him. Now, my brothers, there is disagreement in this issue. Some said to prioritize the carrion because the carrion has become lawful for him in this case. Allah the Exalted said:
But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit] - then indeed, Allah is Forgiving and Merciful.
فمن اضطر غير باغ ولا عاد فإن الله غفور رحيمThe questioner : The second one.
The Shaykh : The second one, and for this reason, the correct view is that in this state, he prioritizes the hunting.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful. He (may Allah have mercy on him) said: "It is forbidden to contract a marriage, and it is not valid, and there is no ransom payment, and taking back the wife is valid. If the person in the state of ihram has intercourse before the first removal of the state of ihram, their pilgrimage is defective, and they continue in it and make it up in the second year."