Chapter [Game in the Sacred Precinct] — Tuḥfat al-Mulūk

Ruling612

1 note

A muḥrim who kills quarry or a beast of prey other than while it attacks—wilfully or in error, by returning upon it after leaving off, initiating [against it], or pointing it out to one who kills it—owes its valuation established by testimony of two just witnesses, and chooses therein among sacrificing a hadī animal, provisioning [the needy], or fasting (as known in the books); should he blemish quarry he is liable for its diminution.

From the editors

Footnotes

Due to the verse, “O you who believe, do not kill game when you are in IHrām (state of consecration for Hajj or ‘Umrah). If someone from among you kills it deliberately, then compensation (will be required) from cattle equal to what one has killed, according to the judgement of two just men from among you, as an offering due to reach the Ka’bah, or an expiation, that is, to feed the poor, or its equal in fasts, so that he may taste the punishment of what he did. Allah has forgiven what has passed, but whoever does it again, Allah shall subject him to retribution. Allah is Mighty, Lord of Retribution.” Al-Māʾidah:95

If someone injures an animal, tears its hair, or amputates a limb, they are liable for the resulting decrease in the animal’s value if any lasting effects remain after recovery. If the animal dies from the injury, they are liable for the full value of the animal. However, if the animal fully recovers without any long-term effects, they owe nothing. See: Hadiyyat as-Ṣaʿalūk p. 176.

For example, if the animal then runs and it trips and dies, or is caught by a predator, or crashes into a tree or rock during its flight, they are responsible for it. The responsibility continues until the animal returns to its normal calm state. If it dies after calming down, there is no liability. See: Lubāb al-Manāsik, p. 401.

If someone breaks an egg of a hunted animal, they must pay for the value of the egg. If the egg is rotten, there is no liability because its value is not in itself but in the potential to become a hunted animal, which is not possible with a rotten egg. If a dead chick comes out of the egg, they must pay for the value of the chick as if it were alive, and there is no liability for the egg. This is stated in Radd al-Muḥtār 2:216.

This is because they are naturally wild animals, and their domestication is transient, which does not nullify their original status. This is different from a runaway camel, which is not considered prey with respect to a person in iḥrām, but it is treated as prey with respect to slaughtering. Thus, it is not considered game for the muḥrim but it is considered game with regards to the rules of slaughter. See: al-Minḥah 2:235.

Because the liability is compensation for the item, not a penalty for the act, it remains singular due to the singularity of the item. This is different from two people killing a game animal while in a state of iḥrām; each must pay a full penalty because both have committed a prohibited act, so the penalties multiply with the offenses. See: Hadiyat al-Saʿaluk, p. 179.

Because selling if alive is like selling game and selling it after killing is selling carrion. This is different if one sells the milk or eggs of the game, or locusts, or trees from the Ḥaram, as these do not require ritual slaughter. See: Minhah al-Suluk 2: 237.

Because their initiation (shuru') was for both Hajj and 'Umrah, upon exiting the state of iḥrām (taḥallul), they are obligated to make up both, as well as another 'Umrah. See: al-Minḥah 2:239.

Ruling613

1 note

If he removes the barrier to capturing it, he owes the full valuation.

From the editors

Footnotes

It is most preferred (al-afḍal) to set out with the Imām and remain mounted Otherwise, standing on foot is preferred, or sitting, or lying down; due to His saying: {Those who remember Allah standing, sitting and lying.} [Āli-ʿImrān: 191]. It is preferred to be near the Imām, and closer to Mount Rahmah is better, near the black rocks, facing the qiblah, behind the Imām. Otherwise, to his right, or parallel to him, or to his left, raising his hands, spreading them out, saying takbīr (Allāhu Akbar), taḥlīl (Lā ilāha illā Allāh), tasbīḥ (SubḥānAllāh), talbiyah (Labbayka Allāhumma labbayk), praising (ḥamd), praying upon the Prophet (ﷺ), seeking forgiveness for himself, his parents, his relatives, his loved ones, and all believing men and women. He should strive in duʿāʾ and strengthen his hope (rajāʾ) in Allah .One should strive to shed tears from their eyes, as it is a sign of acceptance of supplication. He should be in a state of purity (ṭahārah) and keep away from all ḥarām in one’s food, drink, clothing, riding, looking, and speaking. He should be extremely cautious of these matters. See: Sharḥ al-Wiqāyah, p. 254, and Lubāb al-Manāsik, pp. 219-224.

Ruling614

1 note

If he breaks a game bird’s egg, he is liable for it and for its dead chick if it had emerged from it.

Ruling615

There is nothing due for killing the harmful crow, kite, snake, scorpion, mouse, rabid dog, wolf, ants, fleas, ticks, bedbugs and flies.

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Ruling616

1 note

Whoever kills a louse or a locust gives ṣadaqah of a handful of food or a date.

Ruling617

1 note

Expiation is obligatory upon eating hunted game whilst compelled by necessity.

Ruling618

Slaughtering other than [wild] quarry is permissible for the muḥrim.

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Ruling619

1 note

The released carrier pigeon and the tame gazelle are game—unlike the camel that has strayed.

From the editors

Footnotes

To throw the pebble, place it on the back of your right thumb and support it with your middle finger, or use the tips of your thumb and index finger, which is easier. This is preferred (awlā), but any method of throwing is valid (jaʿiz), except placing the pebble without throwing it. It is recommended to keep a distance of five cubits (dhirāʾ) or more from the Jamrah and to say takbīr with each throw. Saying other forms of dhikr is also permissible, though omitting dhikr is wrong. Throw with your right hand, raising it until your armpit is visible. After throwing, one does not stop to supplicate at this Jamrah on any day but one should leave while supplicating. One does not pelt any other Jamrah on this day. See: Lubāb al-Manāsik, pp. 246-249, and al-Jāmi’, p. 227.

Ruling620

1 note

It is lawful for the muḥrim to eat meat of game that a non‑muḥrim hunted and slaughtered for him without a muḥrim intermediary.

Ruling621

In ḥaram game, if a non‑muḥrim slaughters it, he gives its value as charity—nothing beyond that.

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Ruling622

1 note

Likewise for its herbage and trees that are neither owned nor customarily planted, whilst they are still green and have not dried.

Ruling623

1 note

He must not graze [livestock on] the herbage of the ḥaram, nor cut from it anything except idhkhar.

Ruling624

[It is permissible to] uproot truffles.

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Ruling625

Whatever obligates one dam on the mufrid obligates two dams on the qirān pilgrim.

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Ruling626

If two muḥrims kill game, each owes a separate expiation; if two non‑muḥrims kill ḥaram game, one joint expiation is due upon both.

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Ruling627

The muḥrim’s sale of game and its purchase are void.

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فصل [صيد الحرم]