Section 40 of Menasik – Animals That a Pilgrim May Hunt While in Ihram
It was asked of the Messenger of Allah, peace and blessings be upon him, which animal a person in ihram could kill. The Messenger of Allah, peace and blessings be upon him, said, “There are five animals whose killing is permissible whether within or outside the sacred boundaries: scorpion, mouse, crow, raven, and aggressive dog.” [590]
EXPLANATION
The scholars differed regarding which animals could be killed in the sacred boundaries. According to Imam al-Azam and his followers, those animals permitted to be killed in the prophetic traditions may be killed. They state that the wolf is also harmful, so it can be killed, and there is no penalty for killing a wolf within the sacred boundaries.
Shafi’i permits the killing of any animal that causes harm by analogy with the animals mentioned in the hadith.
The ijtihad (legal opinion) of Imam Malik is the same as that of Shafi’i, but he does not permit the killing of a small crow. (Mealim al-Sunan vol. 2, p. 360)
Abu Huraira (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) said: “There are five animals which may be killed even in the sacred precincts [haram]: venomous snakes, scorpions, falcons, mice, and aggressive dogs.”
Abū Sa’īd al-Hudrī (may Allah be pleased with him) narrated:
A question was posed to the Messenger of Allah (peace and blessings upon him) regarding animals that could be killed within the sacred precincts. The Messenger of Allah (peace and blessings upon him) said, “The snake, scorpion, rat (are permissible to kill). Shooting at a crow [without killing it] is acceptable, but a predatory dog, a jackal, and an aggressive animal are permissible to kill.” [591]
COMMENTARY:
Fuwaisqa: A *fāsiq* is one who deviates from obedience. The rat is considered *fāsiq* because it spoils much of the food in the house and alters its usefulness for the owner.
Sabuul ‘Adī: This term refers to each of the aggressive predatory animals. In the text, the crow that is not to be killed but rather frightened away with stones is the small crow that eats grains.