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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 132578 - Issue; He said: (He shall not kill game, nor hunt it, nor point to it, nor guide others to it, whether he is in a state of ihram or not)

Translation · EN

578 - Issue: He [Ibn Qudama] said: "He shall not kill game, nor hunt it, nor point to it, nor direct others to it, whether one is in a state of ihram or not (1)."

There is no disagreement among scholars regarding the prohibition of killing game and hunting it for one in a state of ihram. Allah the Exalted explicitly mentioned this (2) in His Book, saying, the Almighty: "O you who believe, do not kill game while you are in the state of ihram" (3). He also said: "Game of the sea and its food are permitted for you... but prohibited for you is game of the land as long as you are in the state of ihram" (4). Pointing toward game and directing others to it are also prohibited for him. In the hadith of Abu Qatadah (5), when he hunted a wild ass while his companions were in a state of ihram, the Prophet (may Allah bless him and grant him peace) said to his companions: "Did any of you order him to attack it, or point toward it?" In a version agreed upon: "They saw a wild ass, and I was busy patching my sandal, so they did not alert me, though they loved for me to have seen it." This indicates that they believed pointing to it was prohibited. The Prophet's (may Allah bless him and grant him peace) question to them: "Did any of you order him to attack it, or point toward it?" indicates that the prohibition would attach to such an act had it occurred from them. This is because it is a cause leading to an act prohibited for him, so it was prohibited, just like setting a trap.

Section: It is not permissible for him to assist in hunting in any way. In the agreed-upon hadith of Abu Qatadah: "Then I rode and forgot my whip and spear, so I said to them, 'Hand me the whip and the spear.'"

Notes

(1) In [M]: "haram". (2) Omitted from [M]. (3) Surah al-Ma'idah: 95. (4) Surah al-Ma'idah: 96. (5) Collected by al-Bukhari in: The Chapter of One Who Requests a Gift from His Companions... from the Book of Gifts and Their Merit, Sahih al-Bukhari 3/202; and by Muslim in: The Chapter on the Prohibition of Hunting for One in a State of Ihram, from the Book of Hajj, Sahih Muslim 2/851-854. It was also collected by Abu Dawud in: The Chapter on Game Meat for the One in a State of Ihram, from the Book of Rites 1/429; and by al-Nasa'i in: The Chapter on When the One in Ihram Laughs... and the Chapter on When the One in Ihram Points..., from the Book of Hajj Rites 5/145, 146.

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