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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Chapter on Hunting in the Sacred Precinct: Its hunting is forbidden for the one in a state of ihram and the one not in a state of ihram, and the ruling on its hunting is like the ruling on the hunting of the one in a state of ihram

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The Shaykh : Then he said: "Chapter on the Ruling on Hunting in the Sacred Precinct" The sacred precinct here could mean the general sense, or it could mean the sacred precinct of Makkah, which is what is intended. Accordingly, the article "al" indicates a mental reference to the hunting of the sacred precinct of Makkah. It should be known that there are only two sacred precincts in the world: the sacred precinct of Makkah and the sacred precinct of Madinah. As for Bayt al-Maqdis (the Temple Mount), it is not called a sacred precinct. Therefore, some expressions like "the third of the two sacred precincts", which imply that Bayt al-Maqdis is a sacred precinct, are phrases that should be avoided.
The scholars differed regarding Wadi al-Waj in Ta'if, and the correct view is that it is not a sacred precinct.
He said: "Its hunting is forbidden for the one in a state of ihram and the one not in a state of ihram" "Its hunting is forbidden" means the hunting of the sacred precinct is forbidden for the one in a state of ihram and the one not in a state of ihram. Is the one not in a state of ihram considered "halal" (not in a state of ihram)?

The questioner : Yes.

The Shaykh : Who? The one who has not entered a state of ihram is "halal" (not in a state of ihram). The evidence for this is that the Prophet (peace and blessings be upon him) announced this prohibition in the Year of the Conquest and said:
God made this town sacred on the day He created the heavens and the earth, so it is sacred by the sacredness conferred on it by God till the day of resurrection إن الله حرمه يوم خرق السماوات والأرض فهو حرام بحرمة الله إلى يوم القيامة
Mishkat al-Masabih 2715, 2716
This confirmed report is evidence that the prohibition of the sacred precinct of Makkah cannot be abrogated, because he made the end time the Day of Resurrection. "And the ruling on its hunting is like the ruling on the hunting of the one in a state of ihram" This means, according to the details mentioned previously, that there is a penalty, such as what was killed from livestock, or an expiation of feeding poor people, or the equivalent of that in fasting, as mentioned previously regarding the hunting of the one in a state of ihram. The apparent wording of the author is that marine hunting from it is not forbidden, because marine hunting is not forbidden for the one in a state of ihram. Therefore, marine hunting from it is not forbidden, just as it is not forbidden for the one in a state of ihram, based on the saying of Allah the Exalted:
Lawful to you is game from the sea and its food as provision for you and the travelers, but forbidden to you is game from the land as long as you are in the state of ihram أحل لكم صيد البحر وطعامه متاعاً لكم وللسيارة وحرم عليكم صيد البر ما دمتم حرماً
[Al-Ma'idah 5:96]
But is it conceivable that there would be marine hunting in the sacred precinct? The answer is yes; in some large ponds, they put fish in them and they breed there. The author (may Allah have mercy on him) said: "Its hunting is forbidden for the one in a state of ihram and the one not in a state of ihram" He attributed the hunting to the sacred precinct. Accordingly, if hunting from the non-sacred area enters the sacred precinct, it is not forbidden. However, the hand that is seen on it must be removed and it must be released. It is not permissible to slaughter it in the sacred precinct, nor is it permissible to keep the hand on it. The hand that is seen. This is the well-known view in the school of thought, and the correct view is that if a person brings hunting from the non-sacred area into the sacred precinct, it is lawful, because it is not hunting of the sacred precinct, but rather hunting belonging to its owner. People used to buy and sell gazelles and rabbits in the heart of Makkah during the caliphate of 'Abdullah ibn al-Zubayr (may Allah be pleased with him) without objection. This indicates that hunting brought in from the non-sacred area and sold in Makkah is lawful to sell, buy, slaughter, and eat, and there is no sin in it. We remain with marine hunting. Marine hunting, according to the school of thought, if it is in the sacred precinct, is forbidden. They argued with the generality of the hadith, or rather the generality of the hadiths indicating the prohibition of hunting in the sacred precinct. The correct view is that marine hunting is permissible in the sacred precinct, based on the saying of Allah the Exalted:
Lawful to you is game from the sea and its food أحل لكم صيد البحر وطعامه
[Al-Ma'idah 5:96]
This is general. So if it is assumed that there is a pond or the like, and there is fish in it that was not brought there but bred in it, then the correct view is that it is not forbidden and is lawful for the one in a state of ihram and the one not in a state of ihram. The author said: "And it is forbidden" Has the time ended?
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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