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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 138Section

Translation · EN

while he was in a state of ihram, until he arrived at al-Rawha' (18), where there was a wounded wild donkey. The Bahzi, who was its owner, came and said: "O Messenger of Allah, do with this donkey what you will." The Messenger of Allah (may Allah bless him and grant him peace) ordered Abu Bakr, and he divided it among the companions. This is a sound (sahih) hadith. If their hadiths do not mention that it was hunted for their sake, then it is necessary (19) to attach this condition to them based on our hadith, as a reconciliation between the hadiths, to dispel contradiction, and because it was hunted for the person in ihram, thus it is forbidden, just as if he had ordered it or assisted in it.

Section: Whatever is forbidden to the person in ihram because it was hunted for his sake, or he pointed it out, or assisted in it, it is not forbidden for the one who is halal (not in a state of ihram) to eat it, based on the statement of Ali: "Feed it to those who are halal" (20). We have already explained that this should be interpreted to mean that it was hunted for their sake, as well as the hadith of al-Sa'b ibn Jaththamah when the Prophet (may Allah bless him and grant him peace) returned the game to him but did not forbid him from eating it. Furthermore, it is lawful game, so it is permitted for the one who is halal to eat it, just as if it were hunted for them. Is it permitted for another person in ihram to eat it? The apparent meaning of the hadith is its permissibility for him, based on his saying: "The game of the land is lawful for you, as long as you do not hunt it yourselves, or it is hunted for you." This is the view of Uthman ibn Affan (may Allah be pleased with him); for it is narrated that game was gifted to him while he was in a state of ihram, and he said to his companions: "Eat." He did not eat it himself and said: "It was only hunted for my sake" (21). This is because it was not hunted for his sake, so it became lawful for him, just as if (22) a person who is halal had hunted it for himself. It is also possible that it is forbidden for him. This is the apparent view of Ali (may Allah be pleased with him), due to his saying: "Feed it to those who are halal, for we are in a state of ihram" (20). And due to the statement of

Notes

(18) Al-Rawha': A place between Mecca and Medina, in the territory of al-Far', about forty miles away. Mu'jam al-Buldan 2/828, 829. (19) In M: "fa-ta'ayyana". (20) Previously mentioned on the preceding page. (21) Recorded by Imam Malik, in: The Book of Hajj, Chapter: What is not lawful for the person in ihram... Al-Muwatta' 1/354. And al-Bayhaqi, in: The Book of Hajj, Chapter: What a person in ihram does not eat... Al-Sunan al-Kubra 5/191. And al-Baghawi, in: The Book of Hajj, Chapter: Permissibility of eating game meat... Sharh al-Sunnah 7/264. (22) Omitted from: M.

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