جماع أبواب جزاء الصيد -- باب: جزاء الصيد بمثله من النعم يحكم به ذوا عدل من المسلمين
Collected chapters on the compensation for game -- Chapter: The compensation for game is its like from livestock, as judged by two just men among the Muslims
4 hadith
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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."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9861
Abd al-Malik bin Umayr narrates from Qabisah bin Jabir al-Asadi that he said: I was in the state of ihram. I saw a gazelle and threw at it, and it struck the base of its horn, and it died. I felt uneasy in my heart because of it. I came to Sayyiduna Umar (may Allah be pleased with him) and asked him. Beside him was a man of fair complexion and gentle face; he was Sayyiduna Abd al-Rahman bin Awf (may Allah be pleased with him). I put my question to Sayyiduna Umar (may Allah be pleased with him), and Sayyiduna Umar (may Allah be pleased with him) turned to Sayyiduna Abd al-Rahman bin Awf (may Allah be pleased with him) and said: Do you think a goat will suffice him? He said: Yes. So Sayyiduna Umar (may Allah be pleased with him) ordered me to slaughter a goat. When we got up from him, my companion said to me: The Commander of the Believers could not give you a proper fatwa until he first asked the man. Sayyiduna Umar (may Allah be pleased with him) heard some of his words and struck him with the whip, then turned to me to strike me as well. I said: O Commander of the Believers! I did not say anything; he said what he said. He says: So he left me. Then he said: You want to kill game in the sacred state and to transgress in the fatwa. Then the Commander of the Believers said: A person has 10 traits: 9 are good and one is bad, and this bad one spoils all the good traits as well. Then he said: Beware of the follies of youth.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9862
Abu Hariz says: I killed a gazelle while I was in the state of ihram. I came and asked Sayyiduna Umar (may Allah be pleased with him), and he said: "Bring two men from among your brothers so that they may judge your case." I brought Sayyiduna Abd al-Rahman bin Awf and Sayyiduna Sa'd (may Allah be pleased with them both), and they ruled (that I give) a one-year-old young goat.
(b) Jarir bin Abd al-Hamid narrates from Mansur the addition: and I had forgotten my ihram.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9863
Hadith Gradingمحدثین:ضعيف
Hadith Takhrij«ضعيف۔ اخرجه ابن سعد في الطبقات 6/154»
Tariq bin Shihab (may Allah have mercy on him) says: We set out for Hajj, and a man, whose name was Arbad, trampled a lizard (dabb) and broke its back. We came to Sayyiduna Umar (may Allah be pleased with him), and Arbad asked him. Sayyiduna Umar (may Allah be pleased with him) ordered Arbad: Give the judgement. Arbad said: O Commander of the Believers! You are better than me and more learned. Sayyiduna Umar (may Allah be pleased with him) said: I ordered you to give a judgement, not to praise me. Arbad said: I think (its due) is a young goat that has come to combine water and trees (i.e. it drinks and grazes). Sayyiduna Umar (may Allah be pleased with him) said: That is what is due for it.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9864