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(Book 20, Hadith 88) #35851
Hunting Game While in Ihram

SUMMARY: Killing game while in ihram is forbidden and a forfeit must be paid for it.

Malik said, "Allah, the Blessed and Exalted, says, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills game intentionally has to pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge, a sacrificial animal which reaches the Kaba, or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting, so that he may taste the consequences of what he has done'. " (Sura 5 ayat 95). Malik said, "Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it, and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram". Yahya said that Malik said, "The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd, or fasts a day in place of each mudd. The number of poor men is considered, and if it is ten then he fasts ten days, and if it is twenty he fasts twenty days, according to how many people there are to be fed, even if there are more than sixty". Malik said, "I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for some one who kills game in the Haram while he is in ihram ".

TOPICS
hunting  *  forfeit  *  animal  *  qasd  *  ihraam  *  kaffara  *  qurba  *  kabah  *  ihram  *  kaba

QUICK LESSONS:
Do not kill animals when you are inside Ihraam

EXPLANATIONS:
This hadith discusses the importance of not killing game while one is in ihram. It states that whoever kills game intentionally must pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge, or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting. The hadith also mentions that if someone hunts game when he is not in ihram and then kills it while he is in ihram, they are still liable to pay the forfeit as if they killed it intentionally. The best way to pay this forfeit according to Malik is by assessing the value of the animal killed and feeding each poor man a mudd or fasting for each mudd depending on how many people there are to be fed even if there are more than sixty people. Lastly, this hadith also mentions that even if someone kills game outside of ihram within Haram they will still have to pay a forfeit for it just like someone who kills game within Haram while being inside ihram.

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