Rulings on Hunting, Animals, Trees of Ḥaram, and Passing Mīqāt Without Iḥrām

Question 7:

How is it to slaughter and eat chicken in Haram?

Answer:

This is Halāl. There is no harm in slaughtering and eating the meat of domesticated animals such as the chicken, the goat, the cow, the buffalo and the camel, etc. What is prohibited is to hunt terrestrial wild animals.

Question 8:

There are usually swarms of locusts outside Masjid-ul-Harām. If any locust is trampled under foot or crushed under the tyre of the vehicle, killing it or wounding it, what will be the ruling?

Answer:

Expiation must be paid. It is stated on page 1184 of the first volume of the book Bahār-e-Sharī'at: A locust is also a terrestrial (land) animal. If someone kills it, he must give a date as expiation for it. It is stated on page 1181: To kill the animal deliberately is not a condition for expiation to be due. Even if the animal is killed by mistake, expiation is due.

Question 9:

There are swarms of locusts in Masjid-ul-Harām. Servants wipe the floor down, brutally killing or injuring locusts. Is there any alternative way to clean the floor? Similarly, it is said that some people catch pigeons and release them into some far-flung area or eat them. What is the ruling?

Answer:

If locusts are in so large number that they cause inconvenience, there is no harm in killing them in this case. But if someone kills them for any other reason, he will have to pay the penalty whether he kills them deliberately or by mistake. If someone catches and kills a pigeon in Haram, he must pay its penalty. Similarly, if someone has caught a pigeon of Haram and released it outside Haram, its penalty will remain due unless he is aware that the pigeon has safely returned to Haram. In both cases, its penalty is to pay the price of the pigeon. The price will be set by two such people who are aware of such dealings in Haram. If two people are not available, only one such person can set the price that must be paid.

Question 10:

How is it to eat the fish of Haram?

Answer:

Fish is not a terrestrial animal and can be eaten. It can also be hunted, if necessary.

Question 11:

What is the expiation if someone has killed the rat of Haram?

Answer:

There is no expiation. It is permissible to kill the rat. It is stated on page 1183 of the first volume of Bahār-e-Sharī'at: If any of the following animals attack a person, he can kill them. No expiation will be due. The animals include the crow, the kite, the wolf, the scorpion, the snake, the rat, the bandicoot, the mole, a violent dog (that tends to bite), the wasp, the mosquito, the tick¹, the tortoise, the crab, the moth, an ant that bites, the fly, the lizard and all insects of earth including badger, fox and jackal. Similarly, one can kill the animals that tend to attack humans like the lion and the leopard. Likewise, there is no expiation for killing any of aquatic animals [i.e. the one found in water].

Cutting trees of Ḥaram

Question 1:

Please give some advice on cutting the trees etc. of Ḥaram?

Answer:

Stated here are some rulings extracted from page 1189 and 1190 of the 1st volume of Bahār-e-Sharī'at, published by Maktaba-tul-Madīnah, the publishing department of Dawat-e-Islami: There can be four categories of trees in Ḥaram.

1.      The tree is planted by someone and is of the type usually planted by people.

2.      The tree is planted by someone but is not of the type planted by people.

3.      The tree is not planted by someone but is of the type planted by people.

4.      The tree is not planted by someone, nor is it of the type planted by people.

¹ A very small animal like an insect that lives under the skin of other animals and sucks their blood.

There is no expiation for cutting the trees that come into the first three categories. However, if there is an owner of the tree, he will claim compensation. As for cutting the tree coming into the fourth category, penalty must be paid, and if there is an owner of the tree, he will receive compensation as well. Penalty will be paid provided the tree is fresh before being cut, not damaged or uprooted. In order to pay the penalty, the one who has cut the tree is required to buy grains for as much money as the price of the tree, and distribute it among the Masākīn (considered destitute by Sharī'ah). He must give one Sadaqah to each Miskīn. If the quantity of grains bought for as much money as the price of the tree, is less than even one Sadaqah, he must give it to only one Miskīn. It is not necessary to give these Sadaqāt to the Masākīn of Haram. He can give the price of the tree as Sadaqah or can also buy an animal of the same value and slaughter it in Haram. To keep fast to pay this expiation is not sufficient.

Ruling:

The tree that has dried can be uprooted and can be benefitted from.

Ruling:

If someone has plucked leaves off the tree, causing no damage to the tree, no expiation is required. Similarly, there is no harm in cutting a growing tree provided the owner has given permission. The one who has cut the tree is to pay its price to the owner.

Ruling:

If some people have jointly cut the tree, only one penalty will be jointly paid by all of them whether all are Muhrim or non-Muhrim or some are Muhrim and some are non-Muhrim.

Ruling:

It is not permissible to make a Miswāk by cutting a twig off the Pilu (salvadora persica) tree or any other tree of Haram.

Ruling:

If some trees are broken or damaged because of a person walking, camping or riding his animal, there is no expiation.

Ruling:

Due to the need, the Fatwā is that it is permissible to graze animals on the grass of Haram. As for cutting or uprooting it, there is the same ruling on it as on cutting the tree except for dry and naturally growing grasses because it is permissible to obtain any type of benefit from them. There is no harm in breaking and uprooting the white grass naturally growing after raining.

Question and answer about passing Mīqāt without Iḥrām

Question 1:

If an Āfāqī did not put on Iḥrām at Mīqāt. Instead, he put on Iḥrām at Masjid 'Āishah and performed 'Umrah. What is the ruling?

Answer:

If an Āfāqī has departed for Makka-tul-Mukarramah and entered Mīqāt without Iḥrām, Dam will be Wājib for him. To put on Iḥrām at Masjid 'Āishah will not be sufficient in this case. What he is required to do is to pay a Dam or alternatively go out of Mīqāt and come back after having put on Iḥrām of 'Umrah, etc. from there. If he takes the second option, Dam will become void.