‘Umayr, what happened to the nughayr?" (37) It is a small bird. The implication of this is that he permitted keeping it in Medina, as he did not disapprove of that, and the sanctity of Mecca is greater than the sanctity of Medina, as evidenced by the fact that no one may enter it except while in the state of ihram.
Section: The hunting and trees of Wajj are permissible; it is a valley in Ta'if. The companions of al-Shafi'i said: It is a sanctuary because the Prophet (peace be upon him) said: "The hunting of Wajj and its trees are a sanctuary." Recorded by Ahmad in al-Musnad (38). Our position is that (39) the principle is permissibility, and the hadith is weak; Ahmad declared it weak. Abu Bakr al-Khallal mentioned this in his book, al-'Ilal (40).
604 - Issue; he said: (And if he is hindered by an enemy, he shall slaughter the hady [sacrificial animal] he has with him, and then exit the state of ihram).
The scholars are in consensus that if a person in ihram is hindered by an enemy, from the polytheists or others, and they prevent him from reaching the House [the Ka'bah], and he finds no safe route, he is entitled to exit the state of ihram (tahallul). Allah the Almighty has explicitly stated this in His saying: "But if you are hindered, then offer what can be obtained with ease of the sacrificial animal." (1) It is also established that the Prophet (peace be upon him) commanded his companions on the day they were hindered at al-Hudaybiyyah to slaughter, shave, and exit their state of ihram (2).
(37) Recorded by al-Bukhari, in: The Chapter on Gentleness toward People..., and the Chapter: The Kunya (agnomen) for a Boy..., from the Book of Etiquette (Al-Adab). Sahih al-Bukhari 8/37, 55. And Muslim, in: The Chapter on the Recommendation of Tahnik (chewing a date for) a Newborn..., from the Book of Etiquette. Sahih Muslim 3/1692, 1693. And Abu Dawud, in: The Chapter on a Man taking a Kunya when he has no children, from the Book of Etiquette. Sunan Abi Dawud 2/589. And al-Tirmidhi, in: The Chapter on Prayer on Mats, from the Chapters on Prayer, and in: The Chapter on Joking, from the Chapters on Righteousness and Maintaining Ties. 'Aridat al-Ahwadhi 2/128, 8/156, 157. And Ibn Majah, in: The Chapter on Joking, from the Book of Etiquette. Sunan Ibn Majah 2/1226. And Imam Ahmad, in: Al-Musnad 3/115, 119, 171, 190, 201, 212, 223, 278, 288. (38) Al-Musnad 1/165. It was also recorded by Abu Dawud, in: The Chapter: Ibn al-Sarh narrated to us..., from the Book of Hajj Rites (Al-Manasik). Sunan Abi Dawud 1/468. And al-Bayhaqi, in: The Chapter on the Dislike of Killing Game..., from the Book of Hajj. Al-Sunan al-Kubra 5/200. (39) Omitted from [versions] 'Ba' and 'Mim'. (40) Mentioned by al-Dhahabi in Tadhkirat al-Huffaz 3/785. He said: "It consists of several volumes." (1) Surah al-Baqarah 196. (2) The words "and exit their state of ihram" (wa yahillu) do not appear in the original text.
