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Sūrat al-Māʾidah

Section 23 of 25 · Surah Studies · Mufti Abdul Rahman Mangera

Hunting in Iḥrām, the Sanctified House, and a Bequest

Allah (swt) then treats a number of other matters of ḥalāl and ḥarām. Is hunting permitted? Is hunting permitted in iḥrām? That is probably not a question that has arisen for anyone living today; but in those days, when people went there, they had no money, and would go and hunt something — there were probably places to hunt in the vicinity. Is hunting permitted, then, while in iḥrām? Is hunting permitted in the Ḥaram?

يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَقْتُلُوا۟ ٱلصَّيْدَ وَأَنتُمْ حُرُمٌ ۚ وَمَن قَتَلَهُۥ مِنكُم مُّتَعَمِّدًا فَجَزَآءٌ مِّثْلُ مَا قَتَلَ مِنَ ٱلنَّعَمِ يَحْكُمُ بِهِۦ ذَوَا عَدْلٍ مِّنكُمْ هَدْيًۢا بَـٰلِغَ ٱلْكَعْبَةِ أَوْ كَفَّـٰرَةٌ طَعَامُ مَسَـٰكِينَ أَوْ عَدْلُ ذَٰلِكَ صِيَامًا لِّيَذُوقَ وَبَالَ أَمْرِهِۦ ۗ عَفَا ٱللَّهُ عَمَّا سَلَفَ ۚ وَمَنْ عَادَ فَيَنتَقِمُ ٱللَّهُ مِنْهُ ۗ وَٱللَّهُ عَزِيزٌ ذُو ٱنتِقَامٍ

“O you who believe, do not kill game when you are in IHrām (state of consecration for Hajj or ‘Umrah). If someone from among you kills it deliberately, then compensation (will be required) from cattle equal to what one has killed, according to the judgement of two just men from among you, as an offering due to reach the Ka’bah, or an expiation, that is, to feed the poor, or its equal in fasts, so that he may taste the punishment of what he did. Allah has forgiven what has passed, but whoever does it again, Allah shall subject him to retribution. Allah is Mighty, Lord of Retribution.” (5:95)

Lā taqtulū al-ṣayda wa-antum ḥurum: you may not kill game while in that sanctified state. And then, if someone did — for in those days it was a reality. May it never become a reality again. With everything that is happening, subḥānAllāh, it feels as though the world is going backwards — in the sense of back to fiṭrah — to a point at which one might have to hunt again. It is to be hoped it does not go back so far; and, al-ḥamdu li-llāh, in the West, where the governments are giving help, people generally have a good deal of disposable income and are still managing. But in so many other countries, those who lived from hand to mouth are struggling. They have no recourse. They will not die of the virus; they will die of hunger, probably, or the like.

Allah (swt) then speaks of al-Masjid al-Ḥarām and the Kaʿbah, in verse 97 — of the House of Allah and its sanctity. Hence ʿUmar (may Allah be pleased with him) once said, regarding the sanctity, the sanctified nature, of the Ḥaram, of Makkah Mukarramah and the precincts of the Kaʿbah, that even were the murderer of al-Khaṭṭāb, his father, found there, and he saw him, he would not be able to touch him — he would not be able to kill him until he had taken him out of it. As regards violation of that kind, it is a no-go area.

As noted, the mushrikīn used to make all manner of things ḥarām and give them various names; that discussion comes in verse 103. The explanations of all of that are not entered into here; they may be looked up if one wishes. But Allah has designated none of it. None of it is from Allah; He did not formulate it. It is all from themselves, and they do not even understand it. It is all irrational; the reasoning they offer is irrational throughout.

Allah (swt) then turns to: take care; look to yourselves. This is an altogether different subject: if one feels that one is about to die — one may die at any time, but especially, for instance, when on a journey; though one need not be on a journey, the purpose here being to show how to make a waṣiyyah, a bequest, a will, as it were. If pen and paper are not to hand and it cannot be documented in that way — one cannot send an email, or a message, or a voice message; nowadays it has become easier — what one is to do is to take hold of two persons of upright character. Especially if one is travelling and about to die, one has them swear an oath; and there is the whole discussion of having them do so, because this is of great importance. When a person dies, a great many issues arise, and for that reason Allah (swt) says: be sure to attend to this.