Bukhari

Hadith Commentary:
In the narration of Ibn Khuzaymah and Abu ‘Awanah, it is stated that the meat of a wild donkey (gadha/gor-khar) was sent; in the narration of Muslim, the mention is of the thigh or the shank, from which blood was dripping.
In the narration of Bayhaqi, it is mentioned that Sa‘b sent the shank of a wild donkey.
You (sallallahu alayhi wa sallam) were in Juhfah.
You (sallallahu alayhi wa sallam) immediately ate from it and also fed others.
Bayhaqi said: If the narration is preserved (authentic), then perhaps at first Sa‘b had sent a live wild donkey, and you (sallallahu alayhi wa sallam) returned it; then he sent its meat, so you accepted it.
Abwa’ is the name of a mountain, and Waddan is a locality near Juhfah.
Hafiz said that the distance from Abwa’ to Juhfah is twenty-three miles, and from Waddan to Juhfah is eight miles.
Through this chapter, Imam Bukhari intends to indicate that the reason for returning that game was that it was alive; the Imam has given this reconciliation in light of other evidences.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah has indicated in the chapter heading that Sa‘b radi Allahu anhu presented a live wild cow (gāw-akhur) to the Messenger of Allah sallallahu alayhi wa sallam, and it is not permissible in any circumstance for a person in the state of ihram to take possession of a live game animal. However, the narrations do not explicitly state that it was alive.
Some narrations indicate that Sa‘b radi Allahu anhu sent the meat of the wild cow.
Imam Bayhaqi rahimahullah says:
The way to reconcile these is that Sa‘b radi Allahu anhu first sent the wild cow alive, and when the Messenger of Allah sallallahu alayhi wa sallam returned it, he then slaughtered it and sent it again.
Since it was hunted for the Messenger of Allah sallallahu alayhi wa sallam, he returned it and clarified that if we were not in the state of ihram, we would certainly have accepted it.

(2)
This hadith also shows that a gift may be returned for a valid reason, but it is necessary to explain the reason so that the giver is not discouraged.
(Fath al-Bari: 4/45)

Hadith Commentary:
It appears that, for a certain reason, a gift may also be returned—provided that the reason is reasonable and in accordance with the Shariah.
That gift is also impermissible which is presented as a bribe for the attainment of an unlawful purpose.
This is the very intent of the statement of Umar ibn Abd al-Aziz rahimahullah.
Hafiz Sahib states:
“If it is for a sin, then it is not permissible, and this is bribery; but if it is for an act of obedience, then it is recommended; and if it is for something permissible, then it is permissible.”
Their meaning is also the same as mentioned above: that if a bribe is for a sinful act, then it is not lawful, and if it is for a permissible act, then it is recommended.

Hadith Commentary:
There is great encouragement in the hadiths to accept gifts, but for certain reasons, a gift may also be returned. There are several such reasons, for example:
➊ If the gift is, in itself, something unlawful (haram), such as if someone gives a bottle of wine as a gift, then it should not be accepted. Or, even if it is not unlawful in itself, but due to some external reason its use is not correct, such as hunting is not permissible for a person in the state of ihram (muhrim).
➋ If someone presents live game to a muhrim, then accepting it is also not correct, as is clarified in the aforementioned hadith.
➌ Or, if a government official is given a gift so that he may be assisted in some unlawful act, then in the Shariah this is not considered a gift but is called a bribe, as the noble statement of Umar bin Abdul Aziz rahimahullah has already been mentioned, and this will also be clarified in a forthcoming hadith.
In any case, on the basis of a valid and Shariah-sanctioned reason, a gift may be returned, but when returning it, the reason should also be explained so that the giver does not feel discouraged or so that he may become aware of his own incorrect conduct.

Hadith Commentary: The reason why the game hunted by Abu Qatadah radi Allahu anhu was accepted and that of Sa'b bin Jathamah radi Allahu anhu was returned, even though the Prophet sallallahu alayhi wa sallam was in the state of ihram in both situations, is that a person in ihram (muhrim) cannot take possession of mere game, but he can take possession of lawful slaughtered meat, because it is like a piece of meat and no longer remains under the ruling of game. (Ayni)

The Prophet sallallahu alayhi wa sallam accepted the game from Abu Qatadah radi Allahu anhu and returned that of Sa'b bin Jathamah radi Allahu anhu, even though he was in the state of ihram in both cases.

The reason for this is that a muhrim cannot take possession of mere game, but he can take possession of lawful slaughtered meat.

This is because it is like a piece of meat, which no longer remains under the ruling of game.

Thus, the meat presented by Sa'b bin Jathamah radi Allahu anhu was mere game, and since the Prophet sallallahu alayhi wa sallam was in the state of ihram, he returned it. (sallallahu alayhi wa sallam)

Hadith Commentary:
There are two scenarios regarding presenting game to a person in the state of ihram (muhrim):
➊ The first is that a portion of the meat is presented to him.
➋ The second scenario is that the entire game animal is presented alive.
There is a difference in the nature of these two cases.
There is no harm in accepting a portion of the meat, whereas accepting a live game animal is objectionable, because a person in the state of ihram cannot become the owner of game, and when a non-muhrim slaughters it, then he can become its owner, because it is now meat and no longer subject to the rulings of game.
This is the reason why the Messenger of Allah (sallallahu alayhi wa sallam) accepted the gift of Abu Qatadah (radi Allahu anhu), because he presented meat, whereas he returned the game of Sa‘b (radi Allahu anhu), because he had presented it alive.
The Messenger of Allah (sallallahu alayhi wa sallam) was in the state of ihram on both occasions.
And Allah knows best.

(1) "Presented" — In some other narrations, it is explicitly stated that it was not alive, rather a portion of a slaughtered animal was presented.

(2) Abwa and Waddan — These two locations are near each other between Makkah al-Mukarramah and Madinah al-Munawwarah.

(3) "Returned it" — Although according to previous narrations, you (the Prophet, sallallahu alayhi wa sallam) accepted game from Abu Qatadah and Bahzi, therefore, there arose a difference of opinion among the scholars regarding this issue. The correct and well-researched view, by which all authentic ahadith are acted upon, is that the first two individuals hunted those animals for themselves. Later, when it occurred to them, they gave them as gifts to the muhrims (those in the state of ihram), thus their consumption was permissible for the muhrims. Whereas Sa'b hunted the animal specifically for the Prophet (sallallahu alayhi wa sallam) so that he could present it as a gift, therefore, its consumption was not permissible for the muhrims. This detail is coming in hadith number 2830. This is the position of the majority of the scholars, among whom are Imam Malik, Imam Shafi'i, Imam Ahmad, Imam Ishaq, and other hadith scholars, rahimahumullah. Whereas Imam Abu Hanifah rahimahullah considers the game of any non-muhrim permissible for the muhrim, provided that the muhrim did not assist in any way, regardless of whether the game was hunted for himself or for the muhrim. And some have, based on the apparent meaning of the verse of the Noble Qur'an: ﴿وَحُرِّمَ عَلَيْكُمْ صَيْدُ الْبَرِّ مَا دُمْتُمْ حُرُمًا﴾ () (al-Ma'idah: 96) and this very hadith of Sa'b, deduced that it is not permissible for a muhrim to eat game under any circumstance. However, by acting upon either of these two positions, many ahadith are left unacted upon, which is certainly inappropriate. Therefore, the position of the majority of the scholars is correct, because in it, all related ahadith are acted upon. The inclination of Imam al-Nasa'i rahimahullah also appears to be this.

(4) The Noble Prophet (sallallahu alayhi wa sallam) would not accept charity (sadaqah), but would accept gifts (hadiyyah).

Benefits and Issues:

➊
The zebra (gorkhar) is a wild animal that resembles a donkey to some extent; therefore, it is called "himar wahshi," meaning wild donkey.
It is a lawful (halal) animal.

➋
Giving and accepting gifts is a Sunnah.
It expresses love and increases affection; however, when giving a gift, one should not have the desire that a gift will be given in return.

➌
If, out of necessity, one has to deal with someone in a way that may be unpleasant for them, one should present an excuse so that hearts remain clear.

➍
A person in the state of ihram cannot eat the meat of an animal that was hunted for him.

➎
It is not prohibited to eat the meat of domesticated animals while in ihram.

Takhrij al-Hadith:
[وأخرجه البخاري 1825، ومسلم 1193، من حديث ما لك به]

Jurisprudential Explanation:
➊ It is not permissible to hunt on land, to have someone hunt, or to purchase hunted game while in the state of ihram. See: [التمهيد 58/9، اور سورة المائدة آيت : 96]
➋ If a person who is not in the state of ihram hunts for himself and later gifts it to those in ihram, then it is permissible for them to eat it. See: [الموطأ حديث :492]
➌ Abdullah bin Amir bin Rabi’ah rahimahullah said: I saw Sayyiduna Uthman bin Affan radi Allahu anhu at the place of ‘Arj on a hot day; he was in the state of ihram and had covered his face with a red blanket. Then game meat was brought, so he said to his companions: Eat. They asked: Will you not eat? He replied: My condition is not like yours; this was hunted for me (therefore I do not eat it). [الموطأ رواية ابي مصعب الزهري 452/1 ح 1147، وسنده صحيح، وللحديث لون آخرفي موطأ يحييٰ 354/1 ح 802]
➍ Sayyidah Aisha radi Allahu anha said: If (while in the state of ihram) something troubles your heart (for example, eating game meat), then leave it. [الموطا رواية يحييٰ354/1 ح 803 وسنده صحيح]
➎ If there is a risk that a brother may fall into misunderstanding due to some action, then it is necessary to clarify it so that hearts remain clean towards one another.

600 Lexical Explanation:
«حِمَارًا وَّحْشِياً» By this is meant a piece of wild donkey, because in Sahih Muslim there is a narration with the words: "the meat of a wild donkey," and in another narration: "the rump of a wild donkey," and in a third narration: "a piece from the meat of game." See: Sahih Muslim, Chapter on the Prohibition of Game for the Muhrim (one in the state of ihram).
«بِالَّابْوَاءِ» The "hamzah" has a fatḥah (zabar) and the "ba" is sukun (sakin). This is the name of a mountain between Makkah al-Mukarramah and Madinah al-Tayyibah, near which there is a settled village, and that village is also attributed to it. The mother of the Prophet sallallahu alayhi wa sallam passed away at this place. The distance between it and Juhfah is twenty or thirty miles.
«وَدَّان» The "waw" has a fatḥah (zabar) and the "dal" is mushaddad (doubled). This is the name of a place near Abwa.
«حُرُمٌ» Both the "ha" and "ra" have a dammah (pesh), meaning: we are in the state of ihram.

Benefit:
This hadith apparently contradicts the first hadith, because from this it is understood that the meat of game is absolutely forbidden for the muhrim (one in the state of ihram), whether or not the game was hunted with his permission or indication, whereas in the first hadith its permissibility is understood. The reconciliation between the two is that when the game is hunted for the muhrim, i.e., with the intention of feeding the muhrim the meat of game, then its consumption is also forbidden for the muhrim, even if he did not indicate or give permission for it. Because in Sunan Ibn Majah, with a sound chain, it is narrated in this same hadith of Abu Qatadah radi Allahu anhu that when I said to him, "O Messenger of Allah, this game I hunted for you," he did not partake of any of it. [سنن ابن ماجه ، المناسك ، حديث : 3093]
Similarly, in Tirmidhi, it is narrated from Jabir radi Allahu anhu that the Prophet sallallahu alayhi wa sallam said: "The game of the land is lawful for you in the state of ihram, provided that you did not hunt it, nor was it hunted for you." [جامع الترمذي ، الحج باب ماجاء فى اكل الصيد للمحرم ، حديث : 846]
From this it is understood that if the game was hunted by the order of the muhrim, or by his indication, or the game was hunted for the hospitality of the muhrim, then its consumption is unlawful. If this is not the case, then the muhrim may eat the meat of game.

Biographical Note on the Narrator:
Sa‘b radi Allahu anhu, with a fatḥah (zabar) on the "sad" and sukun (sakin) on the "‘ayn." His father's name was Jaththamah (with a fatḥah on the "jim" and a shaddah on the "tha"). He was from the tribe of Layth. He resided in Waddan and Abwa. His hadith is counted among the Hijazi narrators. He passed away during the caliphate of Abu Bakr radi Allahu anhu. Some say he lived until the caliphate of ‘Uthman radi Allahu anhu.

Benefit:
From this it is understood that it is not permissible to accept the meat of an animal hunted during the state of ihram as a gift.