exception to this exists, except for what has been established in the Sahihayn via the path of al-Zuhri, from 'Urwah, from 'A'ishah, the Mother of the Believers, that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Five pestilent animals may be killed in the state of ihram and in the Haram (sanctuary): the crow, the kite, the scorpion, the mouse, and the rabid dog." Narrated by al-Bukhari (4/157), Muslim in (Hajj, h/68), al-Nasa'i (5/208, 211), Ibn Majah (h/3087), Ahmad (6/97, 122), al-Bayhaqi (5/209, 9/316), Sharh al-Sunnah (7/267), al-Mishkat (2699), Ibn Khuzaymah (2669), al-Irwa' (4/221), Nasb al-Rayah (3/136), al-Kanz (11944, 11960), Ma'ani (2/166), Ibn Kathir (1/95), and Ibn 'Adi (6/2146).
1205: 6797: Intentionally (muta'ammidan): 1: Tafsir Ibn Kathir: (2/98).
: 6799: Cattle (al-na'am): 2: The aforementioned source: (2/100).
Al-Qurtubi said: Whoever kills game or slaughters it and eats from it incurs only one penalty for the killing, not for the eating, and this is the opinion of al-Shafi'i. Abu Hanifah said: He is liable for the penalty of what he ate, meaning its value. His two companions disagreed with him, saying: He owes nothing other than seeking forgiveness, because he has consumed dead meat, just as if he had consumed other dead meat. For this reason, if another person in ihram were to eat it, he would not be liable for anything except seeking forgiveness.
The argument of Abu Hanifah is that he has consumed a prohibited act of his ihram, because the killing of it was among the prohibitions of ihram. It is known that the objective of the killing is the consumption, and if that which leads to the objective—the prohibited act of his ihram—requires a penalty, then that which is the objective itself is more deserving.
