Nasai

Chasing or Harassing the Pigeons of the Haram

Among the special characteristics of the Haram is that it is forbidden and impermissible to frighten, disturb, or drive away the game (animals or birds) present therein.

The evidence for this is the hadith in which the Noble Prophet sallallahu alayhi wa sallam said:

«حَرَّمَ اللَّهُ مَكَّةَ فَلَمْ تَحِلَّ لِأَحَدٍ قَبْلِي وَلَا لِأَحَدٍ بَعْدِي أُحِلَّتْ لِي سَاعَةً مِنْ نَهَارٍ لَا يُخْتَلَى خَلَاهَا وَلَا يُعْضَدُ شَجَرُهَا وَلَا يُنَفَّرُ صَيْدُهَا.»

“Allah Almighty has made Makkah a sanctuary (haram). It was not made lawful for anyone before me, nor will it be lawful for anyone after me, and it was made lawful for me only for a short period (on the day of the conquest of Makkah). Therefore, its grass should not be uprooted, nor its trees cut, nor should its animals be driven away.” [صحيح البخاري: 1349]

Imam Ikrimah, rahimahullah, the Tabi‘i and narrator of this hadith from Sayyiduna Abdullah ibn Abbas radi Allahu anhuma, said: “Do you know what is meant by not driving away the game? It means that (if there is any game sitting in the shade somewhere) you should not drive it away from the shade in order to sit there yourself.” [صحيح البخاري: 1833]

Al-Allamah Ibn al-‘Attar rahimahullah (d. 724 AH) said:
«معنى لا ينفر: لا يُزعج من مكانه.»

“The meaning of not driving away is that it should not be disturbed and made to leave its place.” [العدة فى شرح العمدة: 2/ 978]

Sayyiduna Abu Hurayrah radi Allahu anhu said: If I see deer grazing in Madinah, I will not harass them, because the Messenger of Allah sallallahu alayhi wa sallam said: “The area between its two black rocky tracts is a sanctuary (haram).” [صحيح مسلم: 1873]

For some time now, it has been observed that people leave small children near the pigeons of the Haram, and they chase after them and make them fly, and people even share this approvingly on social media, whereas the scholars have prohibited this act because pigeons are included among the game, and in the command of the Noble Prophet sallallahu alayhi wa sallam, both adults and children are included. It is forbidden and impermissible to drive away, disturb, or harass the game of the Haram.

Therefore, parents and guardians must prevent small children from disturbing the birds.

Some of the Salaf were very strict in this matter and would even give fidyah (expiation) for it, as Hisham ibn ‘Urwah rahimahullah narrates regarding his father, ‘Urwah ibn Zubayr, the Tabi‘i, rahimahullah:
«عَبِثَ بَعْضُ بَنِي عُرْوَةَ بِفَرْخٍ مِنْ حَمَامِ مَكَّةَ فَأَمَرَنِي بِشَاةٍ، فَذُبِحَتْ، ثُمَّ تَصَدَّقَ.»

“When one of the children of ‘Urwah rahimahullah teased a young pigeon in Makkah, he ordered me to give a goat (as fidyah), so a goat was slaughtered and given in charity.” [المصنف لابن أبى شيبة - ت الحوت 3/‏326 وسنده صحيح]

Similarly, it is also narrated from Sayyiduna Abdullah ibn Abbas radi Allahu anhuma that when a child harmed a pigeon of Makkah while playing with it, he said: «اذْبَحْ عَنِ ابْنِكَ شَاةً.» “Slaughter a goat on behalf of your son.” [المصنف لابن أبى شيبة - ت الحوت 3/‏326 وسنده صحيح]

Regarding the current situation of children playing with pigeons, many contemporary scholars have also issued fatwas of prohibition.

Shaykh Salih al-Fawzan hafizahullah was asked whether chasing or disturbing the pigeons near the Haram is also included in the prohibition, and if children are disturbing them, should they be stopped?
He replied: It is haram to drive away the game of the Haram, whether pigeons or anything else, and children should be prevented from this; the guardians of the children should stop them from doing so.

Shaykh Sa‘d Khathlan hafizahullah was asked about the ruling on making the pigeons near the Haram fly or driving them away, as some people let their children chase them.
He replied: “Doing so is absolutely not permissible. The Noble Prophet sallallahu alayhi wa sallam forbade disturbing the game of the Haram, and pigeons are included among the game, so doing this is not permissible.”

However, if these pigeons or other such animals are present on the road or pathway and they fly away as a person passes by, then there is no harm. The original prohibition is regarding intentionally frightening, threatening, making them fly, or driving them away.

Also see: [لقاء الباب المفتوح، للشيخ ابن العثيمين: 177/‏15]

Hadith Commentary:
It is understood from this that the sanctity of the Noble Sanctuary (Haram) is such that even to trouble an animal therein, to drive it away from its place of rest, or to take possession of that place oneself— all these actions are contrary to the etiquettes of the Sacred Haram. During the days of Hajj, it is obligatory upon every pilgrim to always be mindful of the comfort of their fellow brothers there.

Hadith Commentary:
The relevance to the chapter heading is clear: even frightening any game animal in the Haram is not permissible, let alone killing it.

Ikrimah (rahimahullah) has interpreted its meaning as follows:
It is prohibited to destroy it or to cause it any kind of harm; here, the intention is to warn against both the lesser and the greater forms of harm.

Ata (rahimahullah) and Mujahid (rahimahullah) have taken the opposite position.
They state:
There is no harm in driving away the game animal.
However, it should not reach the point of killing.

In any case, according to the majority, it is impermissible to frighten game animals in the Haram, whether or not they are killed.
If, as a result of frightening it, the animal is killed, then compensation must be paid for it.

Hadith Commentary:
That is, instead of roofs, the narration of Abdulwahab mentions graves.
The Arabs would place idhkhir (a fragrant grass) in graves as well as use it to cover roofs; it is a fragrant grass.
The narration of Abdulwahab has also been cited by Imam Bukhari rahimahullah in the Book of Hajj.
The narration mentions goldsmiths, and from this, the permissibility of this profession is established.
Goldsmiths are those who make jewelry for women from gold, silver, etc.

Hadith Commentary:
(1)
From these ahadith, the permissibility of the profession of goldsmithing is established, even though these people often engage in many impermissible acts and, under the pretext of polishing, extract extra money. In reality, polishing reduces the weight of the gold, but these people add the extra weight of polishing to the gold. Then, when they sell the same jewelry, they deduct according to the rate per ratti per masha and determine the net weight. Such actions are indeed sinful, but there is no harm in adopting this profession itself.

(2)
From the first hadith, it is also understood that it is permissible to benefit from a professional, even if he is a non-Muslim. The suspended narration presented at the end has itself been narrated by Imam Bukhari with a connected chain in the Book of Funerals, Hadith: 1349.

(3)
It should be noted that every wild animal, upon seeing a human, instinctively flees from a distance. This aversion is not within human control, for which he could be considered sinful. However, if the excess is on the part of the human, such that he drives the animal away from a shady tree and himself camps there, then this would violate the sanctity of Makkah. Most likely, for this very reason, Hazrat Ikrimah has explained the interpretation of aversion (tanqir) in this manner. (Sahih al-Bukhari, al-Jana'iz, Hadith: 1349)
Wallahu a‘lam.

Commentary:

It is absolutely not permissible to fight (engage in combat) in Makkah al-Mukarramah. The Prophet (sallallahu alayhi wa sallam) was granted permission to fight there for a brief period, after which fighting therein was declared forbidden until the Day of Resurrection. Therefore, under no circumstances is it correct to fight in Makkah al-Mukarramah now. However, if an external enemy launches an attack, then it is necessary to defend the sacred land. The enforcement of legal punishments (hudud) within the boundaries of the Haram is a matter of scholarly disagreement, the clarification of which will be presented in the following pages.

Urdu Footnote:
➊ "This city"—meaning the place which has now become a city, whereas at the time of its sanctification it was not a city.
➋ "Declared sacred"—meaning that the decision was made, even though people came to know of it later through the words of Ibrahim (alayhis salam). In other words, the decision was Allah Ta'ala's, and the proclamation was made by Ibrahim (alayhis salam). Therefore, the attribution of sanctification can be made to both: in reality to the first, and metaphorically to the second.
➌ "Thorny tree"—meaning wild trees which no one plants. As for those trees which bear fruit or are planted by sowing seeds, as well as crops and the like, they may be cut, and their fruits may be picked and eaten.
➍ "Should not be chased away"—meaning that it should not be pursued for hunting, nor should it be disturbed in any way, to the extent that even an animal sitting in the shade should not be made to leave the shade.
➎ "Should continue to announce"—meaning that he should always keep announcing it, and not use it for himself, otherwise the special status of the Haram would not remain. According to the Hanafis, there is no special ruling for lost property (luqatah) in the Haram; the command is only to announce it for one year, as with general lost property. The special mention here is only for emphasis and warning, so that no one becomes negligent. The first opinion is stronger.
➏ Idhkhir is a type of grass that closely resembles the mirch (pepper) plant, which people had an acute need for—such as for burning, for spreading on the ground, etc.—therefore, permission was given to cut it.
➐ "Except idhkhir"—from this it is understood that sometimes the Messenger of Allah (sallallahu alayhi wa sallam) would issue a ruling based on ijtihad (independent reasoning); if it was not correct, revelation would descend, otherwise the ruling would remain established. Other scholars interpret even this as being based on revelation.