Bismillah.
Kitaab Jazaa'u-s-Sayd [Book of Penalty of Hunting While on Pilgrimage] starts today..
Vocabulary related to this particular book:
Game is any animal hunted for food.
Onager is also known as the Asian wild ass.
General ruling:
Killing game (hunting) is forbidden in Ihraam, because Allaah says (interpretation of the meaning):
“O you who believe! Kill not the game while you are in a state of Ihraam [for Hajj or ‘Umrah (pilgrimage)]”
[al-Maa'idah 5:95]
In the following narrations, Abu Qatada (radiallaahu `anhu)'s story is mentioned, when he was travelling with the Prophet (sallallaahu `alayhi wasallam) to Makkah in the year of Hudaibiyah. Some companions had assumed Ihraam while others had not, and Abu Qatada (radiallaahu `anhu) was one of the latter. Read on for details.
Volume 3, Book 29, Number 47:
Narrated 'Abdullah bin Abu Qatada:
My father set out (for Mecca) in the year of Al-Hudaibiya, and his companions assumed Ihram, but he did not. At that time the Prophet (sallallaahu `alayhi wasallam) was informed that an enemy wanted to attack him, so the Prophet (sallallaahu `alayhi wasallam) proceeded onwards. While my father was among his companions, some of them laughed among themselves. (My father said), "I looked up and saw an onager. I attacked, stabbed and caught it. I then sought my companions' help but they refused to help me. (Later) we all ate its meat. We were afraid that we might be left behind (separated) from the Prophet (sallallaahu `alayhi wasallam) so I went in search of the Prophet (sallallaahu `alayhi wasallam) and made my horse to run at a galloping speed at times and let it go slow at an ordinary speed at other times till I met a man from the tribe of Bani Ghifar at midnight. I asked him, "Where did you leave the Prophet (sallallaahu `alayhi wasallam)?" He replied, "I left him at Ta'hun and he had the intention of having the midday rest at As-Suqya. I followed the trace and joined the Prophet (sallallaahu `alayhi wasallam) and said, 'O Allah's Apostle (sallallaahu `alayhi wasallam)! Your people (companions) send you their compliments, and (ask for) Allah's Blessings upon you. They are afraid lest they may be left behind; so please wait for them.' I added, 'O Allah's Apostle (sallallaahu `alayhi wasallam)! I hunted an onager and some of its meat is with me. The Prophet (sallallaahu `alayhi wasallam) told the people to eat it though all of them were in the state of Ihram."
Volume 3, Book 29, Number 48:
Narrated 'Abdullah bin Abu Qatada:
That his father said "We proceeded with the Prophet (sallallaahu `alayhi wasallam) 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 (sallallaahu `alayhi wasallam) 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 (sallallaahu `alayhi wasallam). The man replied that he had left the Prophet (sallallaahu `alayhi wasallam) 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 (sallallaahu `alayhi wasallam) till I reached him and said, "O Allah's Apostle (sallallaahu `alayhi wasallam)! 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 (sallallaahu `alayhi wasallam)! We have hunted an onager and have some of it (i.e. its meat) left over." Allah's Apostle (sallallaahu `alayhi wasallam) told his companions to eat the meat although all of them were in a state of Ihram."
Volume 3, Book 29, Number 49:
Narrated Abu Qatada (radiallaahu `anhu):
We were in the company of the Prophet (sallallaahu `alayhi wasallam) at a place called Al-Qaha (which is at a distance of three stages of journey from Medina). Abu Qatada (radiallaahu `anhu) 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 (sallallaahu `alayhi wasallam) 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)."
Volume 3, Book 29, Number 50:
Narrated 'Abdullah bin Abu Qatada:
That his father had told him that Allah's Apostle (sallallaahu `alayhi wasallam) set out for Hajj and so did his companions. He sent a batch of his companions by another route and Abu Qatada (radiallaahu `anhu) was one of them. The Prophet (sallallaahu `alayhi wasallam) 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 (radiallaahu `anhu). While they were proceeding on, his companions saw a group of onagers. Abu Qatada (radiallaahu `anhu) 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 (sallallaahu `alayhi wasallam) they asked, saying, "O Allah's Apostle (sallallaahu `alayhi wasallam)! We assumed Ihram with the exception of Abu Qatada and we saw (a group) of onagers. Abu Qatada (radiallaahu `anhu) 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 (sallallaahu `alayhi wasallam) asked, "Did anyone of you order Abu Qatada (radiallaahu `anhu) to attack it or point at it?" They replied in the negative. He said, "Then eat what is left of its meat."
- General ruling remains - killing game is not allowed during Ihraam.
- Exception to the ruling, rather, what's allowed is to eat of the game that someone else killed.
- The one in Ihraam must not ask a non-Murhim (one who's not in Ihraam) to hunt for him, or point at the animal, or help the hunter in any way.
﴿يَـأَيُّهَا الَّذِينَ ءَامَنُواْ لَيَبْلُوَنَّكُمُ اللَّهُ بِشَىْءٍ مِّنَ الصَّيْدِ تَنَالُهُ أَيْدِيكُمْ وَرِمَـحُكُمْ لِيَعْلَمَ اللَّهُ مَن يَخَافُهُ بِالْغَيْبِ فَمَنِ اعْتَدَى بَعْدَ ذلِكَ فَلَهُ عَذَابٌ أَلِيمٌ
O you who believe! Allah will certainly make a trial for you with something in the game that is well within reach of your hands and your lances, that Allah may test who fears Him in the unseen. Then whoever transgresses thereafter, for him there is a painful torment. [5:94]
Taken from: http://ilookilisten.wordpress.com/2013/05/19/ihraam-and-hunting-ahadith-1570-1573/
