"And if he kills edible land game, whether it is originally wild or a hybrid of wild and domesticated, or if it perishes in his possession, he is liable for its compensation."
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The Shaykh : The author said "And if he kills edible land game" This is also one of the prohibitions of ihram. How many have we passed? Shaving the hair, clipping the nails, covering the head, wearing sewn clothing, and perfume. That is five. The sixth is killing game.
The questioner : ... a fidyah?
The Shaykh : Fidyah means he owes a fidyah. Killing game requires certain conditions. First, it must be edible. If it is not edible, there is no fidyah. But is it permissible to kill non-edible creatures or not? We say this is divided into three categories: non-edible animals, insects, and the like are divided into three categories: the first is what is commanded to be killed, the second is what is forbidden to be killed, and the third is what is silent about. As for what is commanded to be killed, it is killed, such as the five mentioned by the Messenger (peace and blessings be upon him) Among them is the snake, and among them is the wolf and the lion and the like. The Messenger (peace and blessings be upon him) explicitly mentioned these five, which covers what is in their meaning or worse. It is established, yes, what is like them or worse. The second is what is forbidden to be killed, such as the ant, the bee, the hoopoe, and the woodpecker. It is forbidden to kill these, so do not kill them, not in the permitted area nor in the Sacred Precinct. The ant is known. What is it? The ant is known, and the known is not defined, because if you defined the known, it would become indefinite. For this reason, the grammarians said, "Our Zayd rose on the day of clarity. What? Your Zayd rose. Your Zayd." Zayd was originally definite, but when we attached it, and attachment implies definiteness, it became indefinite. So the known, if defined, becomes indefinite. Therefore, you will find in the dictionary that when such a word comes, meaning it has passed, it is written with a mim, meaning known and clear. So, the ant is known, some small and some large. The bee?
The attendees: It is known.
The Shaykh : What is the bee? The bee is known. You say, "This is the honey of the bees," praising it, meaning the honey. Or if you wish, you say, "This is the vomit of the wasps." The wasp... is from the bee. And it is known that if you say "honey of the bees," it is desirable, but "vomit of wasps," I seek refuge in Allah! In any case, the bee is known. So, the hoopoe?
The questioner : Well known.
The Shaykh : Known? What Allah willed! So, the woodpecker, is it known or not known?
The questioner : Not known.
The Shaykh : This is not known. They say it is a small bird larger than a sparrow with a red beak, and bird experts know it. So, what is commanded to be killed is clear. What is forbidden to be killed is clear. What is silent about? If it harms, it is included with what is commanded to be killed. If it does not harm, it is a matter of suspension. Some permitted it, saying that what the Lawgiver is silent about is what He has forgiven. Some disliked it, saying that Allah created it for a wisdom, so it should not be killed, such as the fly, the cricket, the beetle, the dung beetle, and the like. These are silent about. If they harm, they are included with what? With what is commanded to be killed, because the one who harms is killed, even from among the children of Adam. If someone comes to you and says, "Give me your money," do not give it to him. If he fights you, fight him. If he kills you, you are a martyr. If you kill him, he is in the Fire. If it does not harm, it is better not to kill it. But if it harms, such as crickets in the bathroom that annoy you when you sit, climbing your legs and your clothes, and perhaps climbing your head, these are annoying. You may kill them. You may also kill the fly because it is annoying. So, the result is that the author's word "edible," what is its opposite? Non-edible. You know the categories of non-edible. He says "land" Its opposite is marine. So what is land and what is marine? What does not live except in water is marine. What lives on land alone or on land and in water is land. Pay attention: what does not live except in water is marine, and what does not live except on land or lives in both is land, because including it with land is more cautious, and it contains an aspect of prohibition and an aspect of permission, so the aspect of prohibition prevails. Do you understand now? So, "originally" means its origin is land, and it does not prevent the prohibition of killing it from being domesticated and tamed. For example, the rabbit is game. Is it edible or not edible?
The attendees: Edible.
The Shaykh : Land or marine?
The attendees: Land.
The Shaykh : Land, originally or not originally? Originally. So, the domesticated rabbit is like the wild rabbit because its origin is wild. Yes. So, the pigeon? Is its origin wild or domesticated? Wild. And on this basis, we consider the origin. So the conditions are that it is edible game, that it is land, and that it is originally wild, because the meaning of "originally" means originally wild. Three conditions. The evidence for this is the saying of Allah the Exalted[Al-Ma'idah 5:95] This is the evidence. I return [Al-Ma'idah 5:95], and game is what gathers the three descriptions you heard. Also, the evidence for this from the Sunnah is that al-Sa'b ibn Jathamah (may Allah be pleased with him) hosted the Prophet (peace and blessings be upon him) as a guest on his way to Mecca during the Farewell Pilgrimage. Al-Sa'b was a swift runner and a hunter. So he went and hunted a wild donkey. When the Prophet (peace and blessings be upon him) stayed with him as a guest, he hunted a wild donkey and brought it to the Messenger (peace and blessings be upon him). But the Messenger returned it. Al-Sa'b's face changed, and it was fitting for it to change that his gift was returned by Muhammad, the Messenger of Allah (peace and blessings be upon him). It changed, and the Prophet (peace and blessings be upon him) knew what was on his face and said Sahih Muslim 1193a If the game is hunted for the one in ihram, the game is forbidden for him. But did he prevent al-Sa'b from eating it? No, because al-Sa'b hunted it while he was in a state of permission, and game hunted by one in a state of permission is permissible. But the one for whom it was hunted is the one for whom it is forbidden.
The author says "even if it is a hybrid of it and another" meaning if the game is a hybrid of wild and domesticated and another, it becomes forbidden. For example, if something is a hybrid of wild land game and non-wild domesticated land game, it becomes forbidden. Why? Because of the famous rule that if a permissive factor and a prohibitive factor are present in something and the permissive factor is not distinguished from the prohibitive factor, the aspect of prohibition prevails, because it is not possible to avoid the prohibited except by avoiding the permissible, so avoidance is obligatory... chickens, and this will come in the author's discussion.
The author says "even if it is a hybrid of it and another or perishes in his hand" "Perishes" is conjoined to "kills," meaning if he kills it or it perishes in his hand, he is liable for its compensation. If he has game in his hand that contains the three descriptions and he did not kill it, but this game was afflicted by a disease from Allah (Mighty and Majestic) and perished, he is liable for it. Why? Because it is forbidden for him to hold it, and the apparent meaning of the author's words is that it is forbidden for him to hold it even if he owned it before entering ihram. And we say that the game in the hand of the one in ihram, if he owned it after entering ihram, it is forbidden without doubt, and it is not permissible for him to hold it. And if he owned it before entering ihram and entered ihram while it was in his hand, the school of thought is that he must remove his physical hand, not his legal hand. What does physical and legal mean? For example, if we suppose that he hunted in the stream at Qarn al-Manazil, he hunted a rabbit before entering ihram and wanted to enter ihram with the rabbit with him. We say if you enter ihram with the rabbit with you, you are obligated to release it. How? Yes, he is obligated to release it because it is not possible for him to keep his physical hand on game while he is in ihram. He releases it. Does his ownership of it cease? No, because we say remove your physical hand, and your ownership remains over it. So if someone takes it and then you exit ihram, you return to him and take it. Clear? But if he hunted it after he entered ihram, he is obligated to release it, and it does not enter his ownership at all, because the one in ihram is forbidden the land game that gathers the three descriptions.
And his saying "or perishes in his hand, he is liable for its compensation" The apparent meaning is whether it perished due to his transgression or negligence or not, and it is so, because keeping his hand on it is forbidden, so he is like the usurper, and the usurper is liable for the usurped thing in all cases. So he is liable for it in all cases. And his saying "he is liable for its compensation," the compensation for game will come to us, if Allah wills, in detail in the author's discussion.
The questioner : ... a fidyah?
The Shaykh : Fidyah means he owes a fidyah. Killing game requires certain conditions. First, it must be edible. If it is not edible, there is no fidyah. But is it permissible to kill non-edible creatures or not? We say this is divided into three categories: non-edible animals, insects, and the like are divided into three categories: the first is what is commanded to be killed, the second is what is forbidden to be killed, and the third is what is silent about. As for what is commanded to be killed, it is killed, such as the five mentioned by the Messenger (peace and blessings be upon him)
Five of the animals, all of which are harmful, are to be killed in both the state of ihram and outside of it: the crow, the kite, the scorpion, the rat, and the vicious dog.
خمس من الدواب كلهن فواسق يقتلن في الحل والحرم الغراب والحدأة والعقرب والفأرة والكلب العقورThe attendees: It is known.
The Shaykh : What is the bee? The bee is known. You say, "This is the honey of the bees," praising it, meaning the honey. Or if you wish, you say, "This is the vomit of the wasps." The wasp... is from the bee. And it is known that if you say "honey of the bees," it is desirable, but "vomit of wasps," I seek refuge in Allah! In any case, the bee is known. So, the hoopoe?
The questioner : Well known.
The Shaykh : Known? What Allah willed! So, the woodpecker, is it known or not known?
The questioner : Not known.
The Shaykh : This is not known. They say it is a small bird larger than a sparrow with a red beak, and bird experts know it. So, what is commanded to be killed is clear. What is forbidden to be killed is clear. What is silent about? If it harms, it is included with what is commanded to be killed. If it does not harm, it is a matter of suspension. Some permitted it, saying that what the Lawgiver is silent about is what He has forgiven. Some disliked it, saying that Allah created it for a wisdom, so it should not be killed, such as the fly, the cricket, the beetle, the dung beetle, and the like. These are silent about. If they harm, they are included with what? With what is commanded to be killed, because the one who harms is killed, even from among the children of Adam. If someone comes to you and says, "Give me your money," do not give it to him. If he fights you, fight him. If he kills you, you are a martyr. If you kill him, he is in the Fire. If it does not harm, it is better not to kill it. But if it harms, such as crickets in the bathroom that annoy you when you sit, climbing your legs and your clothes, and perhaps climbing your head, these are annoying. You may kill them. You may also kill the fly because it is annoying. So, the result is that the author's word "edible," what is its opposite? Non-edible. You know the categories of non-edible. He says "land" Its opposite is marine. So what is land and what is marine? What does not live except in water is marine. What lives on land alone or on land and in water is land. Pay attention: what does not live except in water is marine, and what does not live except on land or lives in both is land, because including it with land is more cautious, and it contains an aspect of prohibition and an aspect of permission, so the aspect of prohibition prevails. Do you understand now? So, "originally" means its origin is land, and it does not prevent the prohibition of killing it from being domesticated and tamed. For example, the rabbit is game. Is it edible or not edible?
The attendees: Edible.
The Shaykh : Land or marine?
The attendees: Land.
The Shaykh : Land, originally or not originally? Originally. So, the domesticated rabbit is like the wild rabbit because its origin is wild. Yes. So, the pigeon? Is its origin wild or domesticated? Wild. And on this basis, we consider the origin. So the conditions are that it is edible game, that it is land, and that it is originally wild, because the meaning of "originally" means originally wild. Three conditions. The evidence for this is the saying of Allah the Exalted
O you who have believed, do not kill game while you are in the state of ihram. And whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killed, as judged by two just men among you as an offering [to Allah] delivered to the Ka'bah, or an expiation: the feeding of needy people or the equivalent of that in fasting, that he may taste the consequence of his deed. Allah has pardoned what is past; but whoever returns [to violation], then Allah will take retribution from him. And Allah is Exalted in Might and Owner of Retribution.
يا أيها الذين آمنوا لا تقتلوا الصيد وأنتم حرم ومن قتله منكم متعمداً فجزاء مثل ما قتل من النّعم يحكم به ذوا عدل منكم هدياً بالغ الكعبة أو كفارة طعام مساكين أو عدل ذلك صياماً ليذوق وبال أمره عفا الله عما سلف ومن عاد فينتقم الله منه والله عزيز ذو انتقامO you who have believed, do not kill game while you are in the state of ihram.
يا أيها الذين آمنوا لا تقتلوا الصيد وأنتم حرمWe have refused it only because we are in a state of Ihram.
إنا لم نرده عليك إلا أنا حرمThe author says "even if it is a hybrid of it and another" meaning if the game is a hybrid of wild and domesticated and another, it becomes forbidden. For example, if something is a hybrid of wild land game and non-wild domesticated land game, it becomes forbidden. Why? Because of the famous rule that if a permissive factor and a prohibitive factor are present in something and the permissive factor is not distinguished from the prohibitive factor, the aspect of prohibition prevails, because it is not possible to avoid the prohibited except by avoiding the permissible, so avoidance is obligatory... chickens, and this will come in the author's discussion.
The author says "even if it is a hybrid of it and another or perishes in his hand" "Perishes" is conjoined to "kills," meaning if he kills it or it perishes in his hand, he is liable for its compensation. If he has game in his hand that contains the three descriptions and he did not kill it, but this game was afflicted by a disease from Allah (Mighty and Majestic) and perished, he is liable for it. Why? Because it is forbidden for him to hold it, and the apparent meaning of the author's words is that it is forbidden for him to hold it even if he owned it before entering ihram. And we say that the game in the hand of the one in ihram, if he owned it after entering ihram, it is forbidden without doubt, and it is not permissible for him to hold it. And if he owned it before entering ihram and entered ihram while it was in his hand, the school of thought is that he must remove his physical hand, not his legal hand. What does physical and legal mean? For example, if we suppose that he hunted in the stream at Qarn al-Manazil, he hunted a rabbit before entering ihram and wanted to enter ihram with the rabbit with him. We say if you enter ihram with the rabbit with you, you are obligated to release it. How? Yes, he is obligated to release it because it is not possible for him to keep his physical hand on game while he is in ihram. He releases it. Does his ownership of it cease? No, because we say remove your physical hand, and your ownership remains over it. So if someone takes it and then you exit ihram, you return to him and take it. Clear? But if he hunted it after he entered ihram, he is obligated to release it, and it does not enter his ownership at all, because the one in ihram is forbidden the land game that gathers the three descriptions.
And his saying "or perishes in his hand, he is liable for its compensation" The apparent meaning is whether it perished due to his transgression or negligence or not, and it is so, because keeping his hand on it is forbidden, so he is like the usurper, and the usurper is liable for the usurped thing in all cases. So he is liable for it in all cases. And his saying "he is liable for its compensation," the compensation for game will come to us, if Allah wills, in detail in the author's discussion.