Taking an animal outside the Haram to slaughter it
Q: I bought a newborn antelope from the
where I live. Now, it has grown up and we fear that it might hurt us. Is it permissible to take it from
to sell it there or to take it outside the Haram (all areas within the Sacred Sanctuary of Makkah) and slaughter it to benefit from its meat? Could you kindly advise?
If the reality is as you mentioned, you have the right to slaughter the antelope in
Makkah or sell it there. You may take to
Jeddah, or other places outside the Haram. You may slaughter it or sell it outside the Haram according to the soundest view of scholars. The text only prohibits the Muhrim to hunt (pilgrim in the ritual state for Hajj and `Umrah) even if he is outside the Haram. Similarly, the text prohibits the game for those who are inside the Haram even if they are not Muhrim. The case in point is not from these. Therefore, the essential point here is that it is lawful to have and slaughter animals that are taken outside the Haram. You took it outside the Haram and you were not in the state of Ihram. Allah (Glorified be He) says:
O you who believe! Allâh will certainly make a trial of you with something in (the matter of) the game that is well within the reach of your hands and your lances, that Allâh may test him who fears Him unseen. Then whoever transgresses thereafter, for him there is a painful torment.
O you who believe! Kill not the game while you are in a state of Ihrâm [for Hajj or ‘Umrah (pilgrimage)]
to His Saying:
Lawful to you is (the pursuit of) water-game and its use for food - for the benefit of yourselves and those who travel, but forbidden is (the pursuit of) land-game as long as you are in a state of Ihrâm (for Hajj or ‘Umrah). And fear Allâh to Whom you shall be gathered back.
It is authentically reported from the Prophet (peace be upon him) that he said:
Verily, Allah prohibits
Makkah and did not make it lawful to anyone before me, and is not lawful to anyone after me. It was made lawful for me for an hour in the daytime. Its fresh grass and trees should not be cut and its game should not be frightened...
(Part No. 11; Page No. 197)
It is also authentically reported from the Prophet (peace be upon him) that he said:
Ibrahim (Abraham) made
Makkah a sanctuary and I also call between the two mountains of
Al-Madinah a sanctuary whose trees must not be cut and its game must not be hunted.
Thereupon, everything that a non-Muhrim hunts outside the Haram and then enters the Haram with is lawful. Similarly, if a Muhrim takes it from the owner through purchasing it, or by donation or inheritance, it will be lawful for the Muhrim as well as those who are in the Haram to possess, slaughter, and eat whether or not they are inside or outside the Haram. By the same token, it is lawful for whoever enters into the state of Ihram while holding some game in his hand, home, or cage that was possessed by him before his Ihram, to slaughter, eat, or sell it. Only a Muhrim and those inside the Haram are forbidden from hunting or eating game that was hunted for them. If a Muhrim initiates hunting, the game will not be his and if he slaughters it, it will be a carcass. According to the sound Hadith: (Part No. 11; Page No. 198)
The Prophet (peace be upon him) saw a bird called "Al-Naghir" in the hand of
Abu `Umayr Al-Ansary. Thereupon, he said: O
Abu `Umayr, what did the bird do?
He did not command him to release the bird and that was in the Sanctuary of
Hisham ibn `Urwah said: The commander of the believers,
`Abdullah ibn Al-Zubayr
stayed in Makkah for nine years and saw birds in cages while the Companions of the Messenger (peace be upon him) used to come to
Makkah and see them and they did not forbid that.
Ibn Hazm narrated from
Mujahid: There is no harm to bring the game into the Haram alive and then slaughter it.
It is also narrated that
Salih ibn Kaysan said: I saw some game displayed for sale in
Makkah during the time of
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.