(29) Prilgrims Hunting Penalty

CHAPTER 1. If a non-Muhrim hunts (an animal) and gives it as a present to a Muhrim (it is permissible for) the latter to eat it.

3:48 Narrated by ‘Abdullah bin Abu Qatada
That his father said “We proceeded with the Prophet in the year of Al-Hudaibiya and his companions assumed Ihram but I did not. We were informed that some enemies were at Ghaiqa and so we went on towards them. My companions saw an onager and some of them started laughing among themselves. I looked and saw it. I chased it with my horse and stabbed and caught it. I wanted some help from my companions but they refused. (I slaughtered it all alone). We all ate from it (i.e. its meat). Then I followed Allah’s Apostle lest we should be left behind. At times I urged my horse to run at a galloping speed and at other times at an ordinary slow speed. On the way I met a man from the tribe of Bani Ghifar at midnight. I asked him where he had left Allah’s Apostle . The man replied that he had left the Prophet at a place called Ta’hun and he had the intention of having the midday rest at As-Suqya. So, I followed Allah’s Apostle till I reached him and said, “O Allah’s Apostle! I have been sent by my companions who send you their greetings and compliments and ask for Allah’s Mercy and Blessings upon you. They were afraid lest the enemy might intervene between you and them; so please wait for them.” So he did. Then I said, “O Allah’s Apostle! We have hunted an onager and have some of it (i.e. its meat) left over.” Allah’s Apostle told his companions to eat the meat although all of them were in a state of Ihram.”

CHAPTER 2. A Muhrim should not help a non-Muhrim in the hunting of a game.

3:49 Narrated by Abu Qatada
We were in the company of the Prophet at a place called Al-Qaha (which is at a distance of three stages of journey from Medina). Abu Qatada narrated through another group of narrators: We were in the company of the Prophet at a place called Al-Qaha and some of us had assumed Ihram while the others had not. I noticed that some of my companions were watching something, so I looked up and saw an onager. (I rode my horse and took the spear and whip) but my whip fell down (and I asked them to pick it up for me) but they said, “We will not help you by any means as we are in a state of Ihram.” So, I picked up the whip myself and attacked the onager from behind a hillock and slaughtered it and brought it to my companions. Some of them said, “Eat it.” While some others said, “Do not eat it.” So, I went to the Prophet who was ahead of us and asked him about it, He replied, “Eat it as it is Halal (i.e. it is legal to eat it).”

CHAPTER 3. A Muhrim should not point at game with the intention that a non-Muhrim may hunt it.

3:50 Narrated by ‘Abdullah bin Abu Qatada
That his father had told him that Allah’s Apostle set out for Hajj and so did his companions. He sent a batch of his companions by another route and Abu Qatada was one of them. The Prophet said to them, “Proceed along the sea-shore till we meet all together.” So, they took the route of the sea-shore, and when they started all of them assumed Ihram except Abu Qatada. While they were proceeding on, his companions saw a group of onagers. Abu Qatada chased the onagers and attacked and wounded a she-onager. They got down and ate some of its meat and said to each other: “How do we eat the meat of the game while we are in a state of Ihram?” So, we (they) carried the rest of the she-onager’s meat, and when they met Allah’s Apostle they asked, saying, “O Allah’s Apostle! We assumed Ihram with the exception of Abu Qatada and we saw (a group) of onagers. Abu Qatada attacked them and wounded a she-onager from them. Then we got down and ate from its meat. Later, we said, (to each other), ‘How do we eat the meat of the game and we are in a state of Ihram?’ So, we carried the rest of its meat. The Prophet asked, “Did anyone of you order Abu Qatada to attack it or point at it?” They replied in the negative. He said, “Then eat what is left of its meat.”

CHAPTER 4. If any person gave a living onager as a present to a Muhrim then he should not accept it.

3:51 Narrated by ‘Abdullah bin ‘Abbas
From As-Sa’b bin Jath-thama Al-Laithi that the latter presented an onager to Allah’s Apostle while he was at Al-Abwa’ or at Waddan, and he refused it. On noticing the signs of some unpleasant feeling of disappointment on his (As-Sab’s) face, the Prophet said to him, “I have only returned it because I am Muhrim.”

CHAPTER 5. (What kind of) animals can be killed by a Muhrim, in the Haram territory (sanctuary).

3:55 Narrated by Aisha
Allah’s Apostle said, “Five kinds of animals are harmful and could be killed in the Haram (Sanctuary). These are: the crow, the kite, the scorpion, the mouse and the rabid dog.”
3:56 Narrated by ‘Abdullah
While we were in the company of the Prophet in a cave at Mina, when Surat-wal-Mursalat were revealed and he recited it and I heard it (directly) from his mouth as soon as he recited its revelation. Suddenly a snake sprang at us and the Prophet said (ordered us): “Kill it.” We ran to kill it but it escaped quickly. The Prophet said, “It has escaped your evil and you too have escaped its evil.”
3:57 Narrated by ‘Aisha the wife of the Prophet
Allah’s Apostle called the salamander a bad animal, but I did not hear him ordering it to be killed.”

CHAPTER 6. Fighting is prohibited in Makka.

3:60 Narrated by Ibn ‘Abbas
On the day of the conquest of Mecca, the Prophet said, “There is no more emigration (from Mecca) but Jihad and intentions, and whenever you are called for Jihad, you should go immediately. No doubt, Allah has made this place (Mecca) a sanctuary since the creation of the heavens and the earth and will remain a sanctuary till the Day of Resurrection as Allah has ordained its sanctity. Fighting was not permissible in it for anyone before me, and even for me it was allowed only for a portion of a day. So, it is a sanctuary with Allah’s sanctity till the Day of Resurrection. Its thorns should not be uprooted and its game should not be chased; and its luqata (fallen things) should not be picked up except by one who would announce that publicly, and its vegetation (grass etc.) should not be cut.” Al-`Abbas said, “O Allah’s Apostle! Except Al-Idhkhir, (for it is used by their blacksmiths and for their domestic purposes).” So, the Prophet said, “Except Al-Idhkhir.”

CHAPTER 7. Cupping (i.e. letting out of the blood medically) for a Muhrim.

3:62 Narrated by Ibn Buhaina
The Prophet, while in the state of Ihram, was cupped at the middle of his head at Liha-Jamal.

CHAPTER 8. The marrying of a Muhrim.

3:63 Narrated by Ibn ‘Abbas
The Prophet married Maimuna while he was in the state of Ihram, (only the ceremonies of marriage were held).

CHAPTER 9. The taking of a bath by a Muhrim.

3:66 Narrated by ‘Abdullah bin Hunain
Abdullah bin Al-Abbas and Al-Miswar bin Makhrama differed at Al-Abwa’; Ibn ‘Abbas said that a Muhrim could wash his head; while Al-Miswar maintained that he should not do so. ‘Abdullah bin ‘Abbas sent me to Abu Aiyub Al-Ansari and I found him bathing between the two wooden posts (of the well) and was screened with a sheet of cloth. I greeted him and he asked who I was. I replied, “I am ‘Abdullah bin Hunain and I have been sent to you by Ibn ‘Abbas to ask you how Allah’s Apostle used to wash his head while in the state of lhram.” Abu Aiyub Al-Ansarl caught hold of the sheet of cloth and lowered it till his head appeared before me, and then told somebody to pour water on his head. He poured water on his head, and he (Abu Aiyub) rubbed his head with his hands by bringing them from back to front and from front to back and said, “I saw the Prophet doing like this.”

CHAPTER 10. Entering the Haram and Makka without assuming Ihrâm.

3:72 Narrated by Anas bin Malik
Allah’s Apostle entered Mecca in the year of its Conquest wearing an Arabian helmet on his head and when the Prophet took it off, a person came and said, “Ibn Khatal is holding the covering of the Ka’ba (taking refuge in the Ka’ba).” The Prophet said, “Kill him.”

CHAPTER 11. To perform Hajj on – behalf of a dead person and to fulfil his vows. A man can perform Hajj on behalf of a woman.

3:77 Narrated by Ibn ‘Abbas
A woman from the tribe of Juhaina came to the Prophet and said, “My mother had vowed to perform Hajj but she died before performing it. May I perform Hajj on my mother’s behalf?” The Prophet replied, “Perform Hajj on her behalf. Had there been a debt on your mother, would you have paid it or not? So, pay Allah’s debt as He has more right to be paid.”

CHAPTER 12. The Hajj of boys, children etc.

3:82 Narrated by As-Sa’ib bin Yazid
(While in the company of my parents) I was made to perform Hajj with Allah’s Apostle and I was a seven-year-old boy then. (Fatch-Al-Bari, p.443, Vol.4)

CHAPTER 13. The Hajj of women.

3:86 Narrated by Ibn ‘Abbas
When the Prophet returned after performing his Hajj, he asked Um Sinan Al-Ansari, “What did forbid you to perform Hajj?” She replied, “Father of so-and-so (i.e. her husband) had two camels and he performed Hajj on one of them, and the second is used for the irrigation of our land.” The Prophet said (to her), “Perform ‘Umra in the month of Ramadan, (as it is equivalent to Hajj or Hajj with me (in reward).”
3:87 Narrated by Qaza’a, the slave of Ziyad
Abu Said who participated in twelve Ghazawat with the Prophet said, “I heard four things from Allah’s Apostle (or I narrate them from the Prophet ) which won my admiration and appreciation. They are: 1. “No lady should travel without her husband or without a Dhu-Mahram for a two-days’ journey. 2. No fasting is permissible on two days of ‘Id-al-Fitr, and ‘Id-al-Adha. 3. No prayer (may be offered) after two prayers: after the ‘Asr prayer till the sun set and after the morning prayer till the sun rises. 4. Not to travel (for visiting) except for three mosques: Masjid-al-Haram (in Mecca), my Mosque (in Medina), and Masjid-al-Aqsa (in Jerusalem).”

CHAPTER 14. Whoever vowed to go on foot to the Ka’ba.

3:88 Narrated by Anas
The Prophet saw an old man walking, supported by his two sons, and asked about him. The people informed him that he had vowed to go on foot (to the Ka’ba). He said, “Allah is not in need of this old man’s torturing himself,” and ordered him to ride.
3:89 Narrated by ‘Uqba bin ‘Amir
My sister vowed to go on foot to the Ka’ba, and she asked me to take the verdict of the Prophet about it. So, I did and the Prophet said, “She should walk and also should ride.”