Bayhaqi 9861 — Collected chapters on the compensation for game

Abd al-Malik bin Umayr heard Qabisah bin Jabir al-Asadi say: We set out for Hajj, and our arguing grew a great deal while we were in the state of ihram: "Which runs faster, the gazelle or the horse?" While we were talking about this, a gazelle crossed in front of us, and the word «sunuh» means this. He says: it passed by us towards the left. Harun read it with a shaddah. A man among us struck it with a stone; his aim did not miss, and it fell headlong. He killed it, and we were filled with regret. When we came to Makkah, we went to Sayyiduna Umar (may Allah be pleased with him) at Mina. The owner of the gazelle and I went in to Sayyiduna Umar (may Allah be pleased with him), and he related to Sayyiduna Umar (may Allah be pleased with him) the story of killing the gazelle; and sometimes the narrator says: The owner of the gazelle and I went forward and related the story to him. Sayyiduna Umar (may Allah be pleased with him) asked: "Did you do it deliberately or by mistake?" Sometimes Sayyiduna Umar (may Allah be pleased with him) would ask him: "Did you kill it deliberately or by mistake?" He said: "I threw the stone deliberately, but I did not intend to kill it." When that man gave further detail, Sayyiduna Umar (may Allah be pleased with him) said: "Deliberateness and error have combined." Then he turned to a man; by Allah, his face was shining like silver. Sometimes the narrator states that he then called that man and spoke with him. Then he turned to my companion and said: "Take a goat, slaughter it and feed (people) its meat." Sometimes he said: "Give its meat in charity and make its hide into a waterskin to give water to drink." When we came out from him, I turned to that man and said to him: "O you who sought a fatwa from Sayyiduna Umar bin al-Khattab (may Allah be pleased with him)! The fatwa of Sayyiduna Umar (may Allah be pleased with him) will not avail you anything before Allah, for Sayyiduna Umar (may Allah be pleased with him) did not know himself; rather, he was asking the man sitting near him. Slaughter your mount, give its meat in charity, and honour the symbols of Allah." The narrator says: The man with the little eyes (Dhu al-Uwaynatayn) went forward to him. Sometimes he states that the man with the little eyes went to Sayyiduna Umar (may Allah be pleased with him), and sometimes (Qabisah) says: I knew nothing; by Allah, all I know is that he began striking me with the whip, and sometimes he struck my companion on the cheek. Then he said: "May Allah fight you! You transgressed in the fatwa and killed game (in ihram), and you say: 'By Allah, Sayyiduna Umar (may Allah be pleased with him) does not know until he asks the man sitting at his side'? Have you not read the Book of Allah?" Allah Almighty says: "Two just men among you shall judge it" [Surah al-Ma'idah: 95]. Then he turned to me and seized the gathered folds of my cloak, and sometimes the narrator says he seized my garment. I said: "O Commander of the Believers! I cannot make lawful for you anything on my part that Allah has made unlawful for you." So he let me go. Then he turned to me and said: "I consider you a young man of eloquent tongue and broad chest. Sometimes a person has ten traits, nine of them good (salihah) and one trait bad, and that one bad trait spoils those nine good traits as well; so beware of the follies of youth." Ibn Abi Umar and Sufyan say that when Abd al-Malik narrated this hadith, he would say: "I did not leave out even an alif or a waw from it."