Assessing the Forfeit for Hunting Game Animals

88 Malik said, " Allah, the Blessed and Exalted, says, 'O you who believe, do not kill game while you are in ihram. If one of you kills any deliberately, the reprisal for it is a livestock animal equivalent to what he killed, as judged by two just men among you, a sacrifice to reach the Ka'ba, or expiation by feeding the poor, or fasting commensurate to that, so that he may taste the evil consequences of what he did.'" (5: 95).

Malik said, " Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it, and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram."

Yahya said that Malik said, " The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd, or fasts a day in place of each mudd. The number of poor men is considered, and if it is ten then he fasts ten days, and if it is twenty he fasts twenty days, according to how many people there are to be fed, even if there are more than sixty."

Malik said, " I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for someone who kills game in the Haram while he is in ihram."

20.28 Animals that Someone in Ihram can Kill

89 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, " There are five kinds of animal which it is not wrong for someone in ihram to kill: crows, kites, scorpions, rats and mice, and wild dogs."

[cf Bukhari 1730]

90 Yahya related to me from Malik from 'Abdullah ibn Dinar from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, " There are five (kinds of) animal which it is not wrong for someone in ihram to kill: scorpions, rats and mice, crows, kites and wild dogs."

91 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, " There are five kinds of vicious animals that can be killed in the Haram: rats and mice, scorpions, crows, kites and wild dogs."

[In Muslim]

92 Yahya related to me from Malik from Ibn Shihab that 'Umar ibn al-Khattab told people to kill snakes in the Haram.

Malik said, about the " wild dogs" which people were told to kill in the Haram, that any animals that wounded, attacked or terrorised men, such as lions, leopards, cheetahs and wolves, were counted as " wild dogs." However, someone who was in ihram should not kill beasts of prey that did not attack (people), such as hyenas, foxes, cats and anything else like them, and if he did then he had to pay a forfeit for it. Similarly, someone in ihram should not kill any predatory birds except the kinds that the Prophet, may Allah bless him and grant him peace, specified, namely crows and kites. If someone in ihram killed any other kind of bird he had to pay a forfeit for it.

20.29 Things that Someone in Ihram is Allowed to Do

93 Yahya related to me from Yahya ibn Sa'id from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Rabi'a ibn Abi 'Abdullah ibn al-Hudayr that he saw 'Umar ibn al-Khattab taking the ticks off a camel of his at as-Suqya while he was in ihram.

Malik said that he disapproved of that.

94 Yahya related to me from Malik from 'Alqama ibn Abi 'Alqama that his mother said, " I heard 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, being asked whether someone in ihram could scratch their body or not, and she said, 'Yes, he can scratch it and do so as hard as he pleases. I would scratch even if my hands were tied and I could only use my feet.' "

95 Yahya related to me from Malik from Ayyub ibn Musa that 'Abdullah ibn 'Umar once looked in the mirror for something that was irritating him while he was in ihram.

96 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar did not like people who were in ihram removing mites or ticks from their camels.

Malik said, " This is what I like most out of what I have heard about the matter."

97 Yahya related to me from Malik that Muhammad ibn 'Abdullah ibn Abi Maryam once asked Sa'id ibn al-Musayyab about (what to do with) one of his nails that had broken while he was in ihram and Sa'id said, " Cut if off."

Malik was asked whether someone in ihram who had an ear-complaint could use medicinal oil which was not perfumed for dropping into his ears, and he said, " I do not see any harm in that, and even if he were to put it into his mouth I still would not see any harm in it."

Malik said that there was no harm in someone in ihram lancing an abscess that he had, or a boil, or cutting a vein, if he needed to do so.

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