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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 5 · صفحة 178فصل

الترجمة · EN

Section: The state of ihram and the Sanctuary (Haram) have no effect on the prohibition of any domestic animal, such as livestock and the like, for it is not game (sayd), and Allah, the Exalted, only prohibited game. The Prophet (peace and blessings of Allah be upon him) used to slaughter camels during his ihram within the Sanctuary, drawing near to Allah, the Exalted, through that. He said: "The best Hajj is al-'ajj and al-thajj"—meaning, shedding blood through slaughtering and sacrificial cutting. There is no disagreement regarding this.

Section: Sea game is permissible for the one in ihram, due to the saying of the Exalted: "Lawful to you is the pursuit of water-game and its food as a provision for you and for the travelers" (Surah al-Ma'idah: 96). Ibn Abbas and Ibn Umar said: Its "food" is what it casts out. From Ibn Abbas, it is said: Its food is its salt. From Sa'id ibn al-Musayyib and Sa'id ibn Jubayr: Its food is the salted (catch), and its game is what you catch. The scholars are in consensus that sea game is permissible for the one in ihram to catch, eat, buy, and sell. Sea game is the animal that lives in the water, and lays eggs and hatches in it, such as fish, tortoises, crabs, and the like. It was narrated from Ata' regarding that which lives on land, such as tortoises and crabs, that [it requires compensation; because it lives on land], so it resembles water birds. Our position is that it lays eggs in the water and hatches in it, so it resembles fish. As for water birds, like ducks and the like, they are considered land game according to the majority of scholars, and compensation is required for them. It was narrated from Ata' that he said: "Wherever it is more prevalent, that is its status as game." The statement of the majority of scholars is more appropriate; for it lays eggs on land and hatches on land, so it is considered land game, like all other birds. Its residence in the sea is only for seeking sustenance and living from it, like a fisherman. If there is a species of animal, with one type in the sea and one on land, such as the tortoise, then each type has the ruling of its own kind, just like cattle: the wild type is prohibited, and the domestic type is permissible.

602 - Issue; he said: (And the game of the Sanctuary is prohibited for both the non-muhrim and the muhrim).

The basis for the prohibition of the Sanctuary's game is the revealed text and consensus. As for the text, it is what was narrated by Ibn Abbas, who said: The Messenger of Allah (peace and blessings of Allah be upon him) said on the day of the conquest of Makkah: "Indeed, this city was sanctified by Allah on the day He created the heavens and the earth, so it is prohibited by the sanctity of Allah until the Day of Resurrection. It was not permissible to fight in it for anyone before me, and it was not made permissible for me except for a moment of a day, so it is prohibited by the sanctity of Allah until the Day of Resurrection. Its green plants are not to be cut, its thorns are not to be pruned, its game is not to be frightened, and its lost property is not to be picked up except by someone who identifies it." Al-Abbas said: "O Messenger of Allah, except for al-idhkhir (lemon grass), for it is for their blacksmiths and their houses." The Messenger of Allah (peace and blessings of Allah be upon him) said: "Except for al-idhkhir." It is agreed upon. The Muslims are in consensus on the prohibition of the game of the Sanctuary for both the non-muhrim and the muhrim.

Section: And for it, there is compensation for whoever kills it, and one is compensated with the equivalent of what the game is compensated with in...

الحواشي

(11) Its citation was provided previously on page 100. (12) Surah al-Ma'idah: 96. (13) In manuscript M: "al-milh" (the salt). (14) In manuscript M: "istadna" (we caught). (15) Omitted from M. (16) In manuscript M: "li-annahu" (because it).

السابقمجلد 5 · صفحة 178التالي
السابق5·178التالي