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.
