Muwatta Malik (Qasim)

Hadith Authentication: [وأخرجه البخاري 1826، ومسلم 1199، من حديث مالك به]
Jurisprudential Points:
➊ It is permissible to kill the aforementioned animals while in the state of ihram, and there is no expiation (dam) or penalty upon the muhrim (the one wearing ihram). By analogy, it is permissible to kill any harmful animal while in the state of ihram.
➋ The animals whose killing is permitted in the Shariah, their consumption is forbidden; therefore, the crow, kite, scorpion, mouse, and dog—all of these are unlawful animals.
➌ Also see Hadith 286.
Note:
Here, as a beneficial point, it is presented that from the fatwa of Sayyidah Aisha radi Allahu anha, it is understood that it is permissible to scratch oneself while in the state of ihram. [ديكهئے الموطأ 1/358 ح811 وسنده صحيح]
If a person’s nail breaks and hangs while in the state of ihram, Sa’id ibn al-Musayyib rahimahullah said: Cut it off. [الموطأ 1/358 ح814 وسنده حسن]
➊ By “al-kalb al-‘aqur” is meant the biting dog and all predatory animals.
➋ Sayyiduna Umar radi Allahu anhu was asked: Can a person in ihram kill a snake? He replied: It is an enemy; wherever you find it, kill it. [التمهيد 171/15، وسنده حسن]

Hadith Commentary:
➊
These ahadith are, in fact, for the affirmation of the fundamental topic in which animals are mentioned.
Since there was an additional benefit in these ahadith, a separate heading has been established to draw attention to it.

➋
The primary objective of Imam Bukhari rahimahullah is to mention the animals found on the earth, and this is established as clear as day from these ahadith, in which five animals are mentioned. However, these animals are extremely harmful to human health, so in view of this additional benefit, an extra heading has been established.
After this clarification, what Hafiz Ibn Hajar rahimahullah has stated under the heading of "Tanbih" (Fath al-Bari: 6/429),
there is not the slightest weight in it that this chapter should be omitted because it is out of place.

➌
These five animals are called "fasiq" because "fisq" means to go out (of bounds).
These animals, due to causing harm and pain, have deviated from the path of good animals. For example, the crow wounds the camel by pecking at its back, the kite snatches meat, the scorpion stings, the rat gnaws at clothes and books, and the biting dog bites people.
Sometimes, a person becomes rabid from its bite.
They can be killed even in the state of ihram, within the Haram.
For a non-muhrim, it is even more permissible to kill them.
There is consensus of the entire Ummah on this.

Hadith Glossary:
(1)
‘Atasa:
He sneezed.
(2)
Ramani al-qawmu bi-absarihim:
So the people shot their eyes at me.
That is, they looked at me with angry gazes.
(3)
Thakl:
To lose.
Athkilu ummiyah: Oh, may my mother lose me,
meaning, I would have died.
Athkilu ummi tha,
Due to being in the form of lamentation, the addition of alif and ha at the end is to elongate the sound.
(4)
Yusammitunani:
They were making me silent.
Khar, qahr, nahr—these three words are close in meaning,
to rebuke and reprimand,
to scold,
Jahiliyyah:
The period before the advent of Islam,
Hadithu ‘ahd:
Someone newly emerged from a certain period.
(5)
La yasuddannahum:
Do not prevent them,
they should not desist from their action and intention.
(6)
Yakhuttu:
They used to draw diagrams (charts).
(7)
Al-Jawwaniyyah:
The name of a place near Mount Uhud.
(8)
Asafu:
I am afflicted with grief, sorrow, and anger.
(9)
Sakaktuhu sakka:
I slapped her forcefully.
(10)
‘Azzama dhalika ‘alayya:
The Prophet (sallallahu alayhi wa sallam) considered it very bad for me.

Benefits and Issues:
(1)
If someone sneezes during prayer, it is not permissible to supplicate for him, but the one who sneezes may say “alhamdulillah.” Mu‘awiyah bin al-Hakam (radi Allahu anhu) supplicated for the one who sneezed out of unawareness and ignorance, so the Prophet (sallallahu alayhi wa sallam) did not order him to repeat the prayer.
On this basis, Imam Malik rahimahullah, Imam Shafi‘i rahimahullah, Imam Ahmad rahimahullah, and the majority of scholars hold the view that if a worshipper, out of forgetfulness or ignorance, utters a word or two, his prayer is still valid. However, according to Imam Abu Hanifah rahimahullah, his prayer becomes invalid, but this view is without evidence.
(2)
In prayer, in case of necessity, it is permissible to use slight gestures. The Companions (radi Allahu anhum ajma‘in) struck their hands on their thighs to silence their companion, and the Prophet (sallallahu alayhi wa sallam) did not forbid them from this.
(3)
Kahin refers to those who make predictions about the future; it is not permissible to go to them.
(4)
Taking bad omens and believing in ill fortune is also not permissible. If a thought of bad omen arises in one’s heart, he should not act upon it, nor should he abandon his intention or action because of it.
(5)
Drawing lines, which is called the science of sand (ilm al-raml), and preparing charts through it, is not correct, because the knowledge the Prophet (sallallahu alayhi wa sallam) had of it, we do not possess, so it is not possible for us to follow it.
(6)
A person should be gentle with those under his authority; it is not permissible to oppress or wrong them. If someone is wronged, it should be rectified.
(7)
Fi al-sama’:
Its meaning is ‘ala al-sama’ (above the heaven); “fi” is in the meaning of “ala,” as in:
﴿Siru fi al-ard﴾ and ﴿wa la-usallibannakum fi judhu‘ al-nakhl﴾, and from this it is established that Allah, the Exalted, is above.
(8)
The one most deserving of a person’s good conduct is a Muslim man or woman.

1846. Commentary: Other harmful animals of this category can also be analogized to the scorpion, for example, the centipede, wasp, etc. Likewise, other animals of this category can be analogized to the rabid dog, such as the lion, leopard, bear, and wolf, etc.

All the harmful traits found in the kite are also present in the crow, and in fact, due to its proximity, it is even more harmful. It causes even more disturbance; therefore, it is permissible to kill it. Above, in a hadith: (2832), there is a restriction regarding the abqa‘ (the one whose belly or back is white), so the unrestricted mention of the crow also refers to this type. This is the one that comes and goes in homes. As for the pure black crow, it is generally found in the fields. It does not harm people, so there is no need to kill it. It does not eat filth either; it subsists only on grains. And Allah knows best.

The kite is a carrion-eater and an impure animal. It can defile food. It snatches up meat, even taking it away by force from people’s hands. It seizes small domestic animals, therefore it is also permissible to kill it.

(1) The harmfulness of the scorpion is evident; in fact, at times its venom is even more dangerous than that of a snake.

(2) "There is no sin"—in fact, there is not even any penalty or compensation, apart from sin, even if the person is in the state of ihram and within the sacred precinct (haram).

English translation:

The mouse is also naturally harmful. Along with being impure, it gnaws at some valuable items. It can defile food and drink. It also becomes the origin of plague and similar diseases; therefore, it may be killed.

(1) Hunting is prohibited for the person in the state of ihram (muhrim). Similarly, it is forbidden to kill any animal, but harmful animals may become a source of trouble for him; therefore, he has been given concession to kill them in order to protect himself from their harm, even if they do not actually harm him but there is merely a fear of harm. Imam Shafi‘i rahimahullah has stated the reason for killing these animals not as harm, but rather that these animals are not eaten; therefore, a muhrim can kill any such animal whose meat is forbidden to eat. However, the first opinion is correct.

(2) “A biting dog”: Some scholars have included all predatory animals in this, such as: lion, leopard, wolf, because linguistically all of these are considered dogs and, a fortiori, are biting animals. This view appears to be correct; otherwise, it would be strange that killing a dog—which bites less and from which protection is possible—would be permissible, but killing a lion or leopard, from which there is a danger to life and generally protection is not possible, would not be permissible. The rulings of the Shari‘ah are based on benefit (maslahah), and consideration of benefit is necessary. It is surprising that the Hanafis, in this matter, have adopted a rigid stance like the Zahiris, saying: “Only the dog can be killed, not the lion, etc., because the number would exceed five.” Whereas, if the narrations are combined, the mentioned animals themselves exceed five, for example: in the next narration, the snake is also mentioned.

Benefits and Issues:

➊ It is permissible to kill harmful animals while in the state of ihram.

➋ It is also permissible to kill these animals within the boundaries of the Haram.

➌ The crow referred to here is the one that has some part (such as the belly, etc.) white.

➍ The biting dog refers to the dog that is rabid or has been incited to attack.

➎ The same ruling applies to predatory animals such as lions, leopards, etc., because they also pose a life threat to travelers.

Benefit:
From this hadith, it is understood that all the animals mentioned in the hadith are forbidden (haram), and it is permissible to kill them in every situation.