the vermin of the earth." Agreed upon. If he refuses to provide maintenance for it, he is compelled to do so. If he refuses or is unable, he is compelled to sell it or slaughter it, if it is among those that are slaughtered. Abu Hanifa said: The sovereign (Sultan) does not compel him; rather, he advises him, just as he advises him to do good and forbids him from evil. This is because a beast does not have a right established by legal ruling; do you not see that litigation cannot be validly initiated by it, nor can an opponent be appointed on its behalf? Thus, it has become like crops and trees. Our view is that this is the maintenance of an animal that is incumbent upon him, so it is for the Sultan to compel him to provide it, like the maintenance of slaves. It differs from the maintenance of trees and crops, for that is not mandatory. If he is unable to provide maintenance and refuses to sell it, it is sold on his behalf, just as a slave is sold if he requests the sale due to his master’s insolvency regarding his maintenance, and just as we annul his marriage if he is insolvent regarding the maintenance of his wife. If the beast becomes disabled and he does not benefit from it, then if it is from that which is eaten, he is given the choice between slaughtering it or providing maintenance for it; if it is from that which is not eaten, he is compelled to provide maintenance for it, like a chronic invalid slave, according to what we have mentioned previously. It is not permissible to burden the beast with what it cannot bear, because it is in the same category as a slave, and the Prophet (peace be upon him) forbade burdening a slave with what he cannot bear. Furthermore, it involves torturing an animal that possesses sanctity in itself, and causing it harm, which is not permissible. He may not milk it for any amount beyond what is sufficient for its offspring, because its (the offspring's) sufficiency is incumbent upon its owner, and the mother's milk is created for it, so it resembles the offspring of a female slave.

Book of Wounds (Kitab al-Jirah)

Meaning the Book of Criminal Offenses (Jinayat). He referred to them as "wounds" due to the prevalence of their occurrence through them. A crime (jinayah) is every act of aggression against a life or property. However, in custom, it is specific to that in which aggression occurs against bodies. They named crimes against property as usurpation (ghasb), plunder (nahb), theft (sariqah), betrayal (khiyanah), and destruction (itlaf).

Section: The Muslims are in consensus regarding the prohibition of killing without right. The basis for this is the Book, the Sunnah, and consensus. As for the Book, it is the saying of Allah the Exalted: "And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly, We have given his heir authority." And He said: "It is not for a believer to kill a believer except by mistake." And He said: "And whoever kills a believer intentionally, his recompense is Hell," to the end of the verse. As for the Sunnah, Abdullah ibn Mas'ud narrated that the Messenger of Allah (peace be upon him) said: "The blood of a Muslim man who testifies that there is no god but Allah and that I am the Messenger of Allah is not lawful except for one of three reasons: the married adulterer, a life for a life, and the one who leaves his religion and separates from the community." Agreed upon. Uthman and Aisha also narrated similar accounts from the Prophet (peace be upon him) in many verses and reports other than these. There is no disagreement among the Ummah regarding its prohibition. If a person does so intentionally, he becomes a transgressor (fasiq), and his affair is with Allah; if He wills, He will punish him, and if He wills, He will forgive him. His repentance is accepted according to the majority of scholars. Ibn Abbas said: His repentance is not accepted, based on the verse we mentioned, which is among the last that were revealed. Ibn Abbas said: Nothing has abrogated it.