موطا امام مالك رواية يحييٰ
Muwatta Imam Malik (Riwayat Yahya)
كتاب الحجBook: On the Explanation of Hajj
بَابُ مَا يَقْتُلُ الْمُحْرِمُ مِنَ الدَّوَآبِّWhat Animals the Muhrim is Permitted to Kill
Hadith 790
وَحَدَّثَنِي ، عَنْ مَالِك ، عَنْ ابْنِ شِهَابٍ ، أَنَّ عُمَرَ بْنَ الْخَطَّابِ " أَمَرَ بِقَتْلِ الْحَيَّاتِ فِي الْحَرَمِ "
It is narrated from Ibn Shihab that Sayyiduna Umar bin Khattab (may Allah be pleased with him) ordered the killing of snakes in the Haram.
Imam Malik (may Allah have mercy on him) said that by the biting dog, which has been ordered to be killed in the Haram, is meant any animal that bites people or attacks them, or frightens them, such as a lion, leopard, bear, and wolf; it is permissible to kill such an animal, and it is included among biting dogs. However, those beasts that do not attack, such as the badger, fox, and cat, and those similar to them, the muhrim should not kill them; if he does, then compensation will be obligatory upon him. Imam Malik (may Allah have mercy on him) said: The muhrim should not kill those beasts that cause harm, except those which the Messenger of Allah (peace and blessings be upon him) has named, the crow and the kite; if the muhrim kills any bird other than these two, then compensation will be obligatory upon him.
Imam Malik (may Allah have mercy on him) said that by the biting dog, which has been ordered to be killed in the Haram, is meant any animal that bites people or attacks them, or frightens them, such as a lion, leopard, bear, and wolf; it is permissible to kill such an animal, and it is included among biting dogs. However, those beasts that do not attack, such as the badger, fox, and cat, and those similar to them, the muhrim should not kill them; if he does, then compensation will be obligatory upon him. Imam Malik (may Allah have mercy on him) said: The muhrim should not kill those beasts that cause harm, except those which the Messenger of Allah (peace and blessings be upon him) has named, the crow and the kite; if the muhrim kills any bird other than these two, then compensation will be obligatory upon him.
