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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 5 · صفحة 176

الترجمة · EN

in killing them." He then mentioned something similar to the hadith of Aisha. Both are agreed upon. In a narration of Muslim, in the hadith of Ibn Umar: "Five for which there is no sin upon whoever kills them within the Sacred Precinct (haram) and while in the state of ihram." This is general regarding the crow, and it is more authentic than the other hadith. This is because the raven (ghurab al-bayn) is forbidden to eat and it attacks people's property, so there is no grounds for excluding it from the general rule. It differs from what is permitted to eat, for that is something permitted and is not in the same meaning as what is permitted to be killed; thus, the specification of that does not necessitate the specification of that which is not in its meaning. As for the statement of al-Khiraqi: "And everything that attacks him or harms him," it is possible that he intended that which initiates harm against the muhrim, attacking him in his person or his property. There is no sin upon the one who kills such a creature, whether it is of a species whose nature is to harm or not. Ibn al-Mundhir said: All scholars whose knowledge has been preserved are in consensus that if a predator initiates an attack against the muhrim, and he kills it, there is no liability upon him. It is also possible that he intended that which is by nature harmful and aggressive, even if no harm is manifested at the time. Malik said: The predatory dog is that which bites people and attacks them, such as the lion, the tiger, the leopard, and the wolf. Based on this, it is permitted to kill every creature that causes harm to people in their persons or their property, such as all predatory beasts that are forbidden to eat, birds of prey like the hawk, the eagle, the falcon, the peregrine falcon and the like, as well as harmful insects, wasps, bedbugs, mosquitoes, fleas, and flies. Al-Shafi'i held this view as well. The People of Opinion said: One kills only what is mentioned in the report, and the wolf, by analogy to it. Our position is that the report specifies from each category one example from the lowest of it, as an indication of what is above it, and as a proof for what is in its meaning. Thus, its text regarding the kite and the crow is an indication of the hawk and its like; regarding the mouse, it is an indication of insects; regarding the scorpion, it is an indication of the snake; and regarding the predatory dog, it is an indication of predators that are higher than it. Furthermore, that for which there is no compensation (daman) by its like or its value is not subject to liability, such as insects.

الحواشي

(4) The first was recorded by al-Bukhari, in: Chapter on what the muhrim may kill of creatures, from the Book of the Restricted and Compensation for Hunting. Sahih al-Bukhari 3/17. And Muslim, in: Chapter on what is recommended for the muhrim..., from the Book of Hajj. Sahih Muslim 2/856, 857. And al-Nasa'i, in: Chapter on what the muhrim may kill of creatures, from the Book of Hajj Rites. Al-Mujtaba 5/148. And Ibn Majah, in: Chapter on what the muhrim may kill, from the Book of Rites. Sunan Ibn Majah 2/1031. And al-Bayhaqi, in: Chapter on what the muhrim is permitted to kill of creatures..., from the Book of Hajj. Al-Sunan al-Kubra 5/209. The second was recorded by al-Bukhari, in: Chapter on what the muhrim may kill of creatures, from the Book of the Restricted and Compensation for Hunting. Sahih al-Bukhari 3/17. And Muslim, in: Chapter on what is recommended for the muhrim..., from the Book of Hajj. Sahih Muslim 2/856-859. It was also recorded by Abu Dawud, in: Chapter on what the muhrim may kill of creatures, from the Book of Rites. Sunan Abi Dawud 1/428. And al-Nasa'i, in: Chapter on what the muhrim may kill of creatures, from the Book of Hajj Rites. Al-Mujtaba 5/147, 149. And Imam Malik, in: Chapter on what the muhrim may kill of creatures, from the Book of Hajj. Al-Muwatta 1/356. And Imam Ahmad, in: Al-Musnad 2/8, 32, 37, 48, 50, 52, 54, 65, 77. (5) Omitted from: B and M.

السابقمجلد 5 · صفحة 176التالي
السابق5·176التالي