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الفتح الربانی
Fath al-Rabbani
كتاب الحج والعمرةBook of Hajj and Umrah
بَابُ مَا يَجُوزُ لِلْمُحْرِمِ قَتْلُ مِنَ الدَّوَابِّ فِي الْحَرَمِ وَغَيْرِهِChapter: What Animals the Muhrim Is Permitted to Kill in the Sanctuary and Elsewhere
Hadith 4315
اُردوEn
عَنْ زَيْدٍ يَعْنِي ابْنَ جُبَيْرٍ قَالَ: سَمِعْتُ ابْنَ عُمَرَ وَسَأَلَهُ رَجُلٌ عَمَّا يَقْتُلُ الْمُحْرِمُ مِنَ الدَّوَابِّ فَقَالَ: حَدَّثَتْنِي إِحْدَى النِّسْوَةِ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَالَ: ((يُقْتَلُ الْحُدَيَّا وَالْغُرَابُ وَالْكَلْبُ الْعَقُورُ وَالْفَأْرَةُ وَالْعَقْرَبُ))
Zaid bin Jubair narrates that a man asked Sayyiduna Abdullah bin Umar (may Allah be pleased with him) which animals a Muhrim is permitted to kill. He said: A woman narrated to me that the Messenger of Allah (peace and blessings be upon him) said: The kite, the crow, the rabid dog, the mouse, and the scorpion may be killed.
Brief Explanation
Benefits: … “Al-Kalb al-‘Aqoor”: In reality, this term applies to every predatory and injurious animal that wounds and tears apart, such as a lion, leopard, or wolf. Due to their commonality in predatory nature, they are also called “kalb” (dog). (Tuhfat al-Ahwazi) The same ruling applies to a driven or rabid dog.
Imam Malik said in “Al-Muwatta”: Every animal that bites people, attacks them, and frightens them—such as a lion, leopard, cheetah, or wolf—is ‘aqoor. (The cheetah is a predatory animal similar to the leopard.) Abu ‘Ubaydah has transmitted this same statement from Sufyan, and this is also the opinion of the majority of scholars. The term “fasiq” has been used for these animals; its literal meaning is “one who departs,” and here it refers to those animals whose ruling has been excluded from that of other animals due to the harm and corruption they cause.
In the authentic ahadith of this chapter, a total of seven animals are mentioned: scorpion, crow, kite, rat, al-kalb al-‘aqoor, snake, and wolf. Can no other animal besides these be killed? Hafiz Ibn Hajar says: According to the narrations, restricting it to five animals, even though there is specificity in its meaning, is in fact the concept of ‘adad (number), which, according to most scholars, is not a proof. If its probative value is accepted, then it will be interpreted to mean that in the beginning, the Prophet sallallahu alayhi wa sallam gave the ruling regarding only five animals, and later more were added. In some chains of the hadith of Sayyidah ‘A’ishah radi Allahu anha, the word “four” is narrated, and in some, “six.” The narration of “four” is in Sahih Muslim, in which the scorpion is not mentioned, and the narration of “six” is in Mustakhraj Abu ‘Awanah, in which the scorpion is mentioned and the snake is added. The narration of Shayban in Sahih Muslim is a corroboration of this narration, although it does not mention any number, … . (Fath al-Bari: 4/44)
The narrations in which the words “bloodthirsty predators” and “leopard” etc. are mentioned have been critiqued. The reason the Prophet sallallahu alayhi wa sallam ordered the killing of the aforementioned animals is that these animals can be a cause of harm, loss, pain, fear, and corruption for humans; in fact, they can even cause a person’s death. Therefore, any animal in which this characteristic is found, both a muhrim (one in the state of ihram) and a non-muhrim have the right to kill it, whether in the Haram or outside the Haram, and this is also the meaning of al-kalb al-‘aqoor.
Imam Malik said in “Al-Muwatta”: Every animal that bites people, attacks them, and frightens them—such as a lion, leopard, cheetah, or wolf—is ‘aqoor. (The cheetah is a predatory animal similar to the leopard.) Abu ‘Ubaydah has transmitted this same statement from Sufyan, and this is also the opinion of the majority of scholars. The term “fasiq” has been used for these animals; its literal meaning is “one who departs,” and here it refers to those animals whose ruling has been excluded from that of other animals due to the harm and corruption they cause.
In the authentic ahadith of this chapter, a total of seven animals are mentioned: scorpion, crow, kite, rat, al-kalb al-‘aqoor, snake, and wolf. Can no other animal besides these be killed? Hafiz Ibn Hajar says: According to the narrations, restricting it to five animals, even though there is specificity in its meaning, is in fact the concept of ‘adad (number), which, according to most scholars, is not a proof. If its probative value is accepted, then it will be interpreted to mean that in the beginning, the Prophet sallallahu alayhi wa sallam gave the ruling regarding only five animals, and later more were added. In some chains of the hadith of Sayyidah ‘A’ishah radi Allahu anha, the word “four” is narrated, and in some, “six.” The narration of “four” is in Sahih Muslim, in which the scorpion is not mentioned, and the narration of “six” is in Mustakhraj Abu ‘Awanah, in which the scorpion is mentioned and the snake is added. The narration of Shayban in Sahih Muslim is a corroboration of this narration, although it does not mention any number, … . (Fath al-Bari: 4/44)
The narrations in which the words “bloodthirsty predators” and “leopard” etc. are mentioned have been critiqued. The reason the Prophet sallallahu alayhi wa sallam ordered the killing of the aforementioned animals is that these animals can be a cause of harm, loss, pain, fear, and corruption for humans; in fact, they can even cause a person’s death. Therefore, any animal in which this characteristic is found, both a muhrim (one in the state of ihram) and a non-muhrim have the right to kill it, whether in the Haram or outside the Haram, and this is also the meaning of al-kalb al-‘aqoor.
