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الفتح الربانی
Fath al-Rabbani
مسائل القتل والجرائم الأخرى وأحكام الدماءIssues of Killing, Other Crimes, and Blood Laws
أَبْوَابُ مَا يَجُوزُ قَتْلُهُ مِنَ الْحَيَوَانِ وَمَا لَا يَجُوزُ¤بَابُ الأمْرِ بِقَتْلِ الْفَوَاسِقِ مِنَ الْحَيَوَانChapters on what animals may be killed and what may not; chapter on the command to kill harmful animals
Hadith 6483
اُردوEn
وَمِنْ طَرِيقٍ ثَانٍ عَنْ عَبْدِ اللَّهِ بْنِ دِينَارٍ عَنِ ابْنِ عُمَرَ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ: ((خَمْسٌ لَا جُنَاحَ عَلَيْهِ وَهُوَ حَرَامٌ، أَنْ يَقْتُلَهُنَّ: الْحَيَّةُ وَالْعَقْرَبُ وَالْفَأْرَةُ وَالْكَلْبُ الْعَقُورُ وَالْحِدَأَةُ))
(Second chain) It is also narrated from Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) said: There are five animals whose killing incurs no sin even for a person in the state of Ihram: the snake, the scorpion, the mouse, the rabid dog, and the kite.
Brief Explanation
Benefits: … “Al-kalbu 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 behavior, 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. (A cheetah is a predatory animal similar to a leopard.)
Abu Ubaydah has transmitted this same statement from Sufyan, and this is also the opinion of the majority of the scholars.
The term “fasiq” has been used for these animals; its literal meaning is “one who departs.” 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, predatory dog (kalb ‘aqoor), snake, 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 the concept of ‘number’ (mafhūm al-‘adad), 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 commanded 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 in the Haram, and this is also the meaning of kalb ‘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. (A cheetah is a predatory animal similar to a leopard.)
Abu Ubaydah has transmitted this same statement from Sufyan, and this is also the opinion of the majority of the scholars.
The term “fasiq” has been used for these animals; its literal meaning is “one who departs.” 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, predatory dog (kalb ‘aqoor), snake, 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 the concept of ‘number’ (mafhūm al-‘adad), 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 commanded 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 in the Haram, and this is also the meaning of kalb ‘aqoor.
