51. CHAPTER HUNTING IN THE HARAM
The game of the Haram is forbidden for the muhrim and the non-muhrim alike. The ruling pertaining to its game is similar to the hunting done by a muhrim.
“Chapter: Hunting in the Haram”: After explaining the rules that apply to a muhrim if he hunts within the Haram or beyond its boundaries, the author discusses hunting within the Haram sanctuary specifically. The Haram here refers to the sacred sanctuary of Makkah which has a range of a few miles. This is the Haram sanctuary that is associated with the rule that is to be discussed.
“The game of the Haram is forbidden for the muhrim and the non-muhrim alike”: Killing of animals is prohibited by the muhrim and the non-muhrim alike. The game that lives within the borders of Haram are not to be hunted by the muhrim or anyone else.
Rulings that are associated with the Haram:
First: “The ruling pertaining to its game is similar to the hunting done by a muhrim’-. The ruling for hunting game that live within the Haram is similar to the hunting done by the muhrim in terms of the violation and the gravity of sin. It is similar in terms of the requirement of fidyah that is wajib upon the muhrim who hunts game. This was discussed in the earlier section. When describing the Haram sanctuary, the Prophet(pbuh) said, “Its game is not to be pursued.” (Reported by al-Bukhari (2/115-116), (3/18,19 and 79), (4/127) and Muslim (4/109) from the narration of Ibn ‘Abbas.)
Cutting its trees and the green under-growth is prohibited except al-idhkhir
Second: “Cutting its trees”: Among the things that are forbidden in Makkah is the cutting of its green trees. As for dead trees that have dried up, it is permissible to cut them for this fall under things that are damaged.
Third: “Green under-growth”: It is not permitted for anyone to cut or remove the green grass and foliage that grows on the ground. However, if it has withered and dried up, there is no issue in removing it. This is because it falls under the category of things that are damaged.
“Except al-idhkhir It is a type of green grass that has a lemon fragrance. This grass can be cut or removed when it is green and healthy or if it has withered and dried up. The Prophet(pbuh) made an exception for it when he ordered that the under-growth of Haram be left intact. He said, “Except for al-idhkhir.” (A portion of the hadith mentioned earlier.) This is because it serves a need of the people e.g., to place it on the roof of their houses and it is used as a filler in the compartment (al-lahd) within the grave so that dirt does not fall atop the corpse. Hence the Prophet(pbuh) approved the removal of al-idhkhir from the Haram as there was a need for it.
Fourth: No item should be picked up in the Haram except by the munshad, this is the person who announces the found item until it is returned to its owner.
Hunting game in Madinah is forbidden. However, there is no retribution for it. It is permissible to cut or remove its grass for use as fodder and for cultivating land and other such uses. Its Haram is between ‘Ayr and Thawr.
“Hunting game in Madinah are forbidden. However, there is no retribution for it. It is permissible to cut or remove its grass for use as fodder and for cultivating land and other such uses. Its Haram is between ‘Ayr and Thawr”: Madinah al-Nabawiyyah has a sacred sanctuary for the Prophet(pbuh) who made it a Haram as Ibrahim made Makkah al Haram. He made Madinah as a sacred sanctuary to the north and south between mount ‘Ayr and mount Thawr. Mount Thawr is a small mountain which is situated behind Uhud. He made it a Haram to the east and west between its two lava fields. This is the boundary of the Haram sanctuary.
Rulings that are associated with the Haram in Madinah:
First: It is forbidden to kill game within Madinah but there is no retribution for it. However, it is a transgression and a sin to do so.
Second: It is permissible to cut or remove its green grass for use as fodder and to cut or remove its trees to make agricultural tools.
By Shaykh Salih ibn Fawzan al-Fawzan
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