Hadith 7191

Muwatta Malik

موطأ مالك

89


Malik said, "Allah, the Blessed and Exalted, says, 'O you whotrust, do not kill game while you are in ihram. Whoever of you killsgame intentionally has to pay a forfeit commensurate with what he haskilled in cattle which two men from among you shall judge, asacrificial animal which reaches the Kaba, or else he makes a kaffaraof either feeding poor people or the equivalent of that in fasting, sothat he may taste the consequences of what he has done.' " (Sura 5ayat 95).Malik said, "Someone who hunts game when he is notin ihram and then kills it while he is in ihram is in the sameposition as someone who buys game while he is in ihram and then killsit. Allah has forbidden killing it, and so a man who does so has topay a forfeit for it. The position that we go by in this matter isthat a forfeit is assessed for anyone who kills game while he is inihram."Yahya said that Malik said, "The best that I haveheard about someone who kills game and is assessed for it is that thegame which he has killed is assessed and its value in food isestimated and with that food he feeds each poor man a mudd, or fasts aday in place of each mudd. The number of poor men is considered, andif it is ten then he fasts ten days, and if it is twenty he faststwenty days, according to how many people there are to be fed, even ifthere are more than sixty."Malik said, "I have heard that aforfeit is assessed for someone who kills game in the Haram while heis not in ihram in the same way that it is assessed for some one whokills game in the Haram while he is in ihram ."

USC-MSA web (English) reference: Book 20, Hadith 88