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HUNTING OF ANIMAL
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Hunting a land *animal or pointing it out
for the purpose of hunting or using any other method for this, all
are haram involving kaffarah in each case, even if he be in a die
condition when the haram becomes halal to the extent of saving life.
The kaffarah is the price of the animal hunted
as given out by two different
men of justice (Adil) of the place. If the price of the animal is
not available at that place, then the price as ascer
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*: Whether this animal is Halal in
Haram, in either case the kaffarah is essential. However in respect
to haram animal, the kafara is not more then a goat, even if its
price be more than that of the goat. For example if the hunter kills
an elephant, the wajib kaffara is only a goat.
tained at the nearest place in the
vicinity. The price given out by an independent just man will also
be acceptable.
PROBLEM:-
By the animal of land (jungle) is meant the animal which is born in
dry tract of land, even it remains in the sea/water. As such,
hunting of sea-gull and the duck belonging to jungle, will
necessitate kaffarah.
Similarly, by the sea or the
water animal is mean the animal born in water, although at times it
remains in the land.
Domestic animals such as cow,
buffalo goats etc if they remain in the jungle and are seared away
by the presence/sight of human beings, can not be called as animals
of jungle or wild animals. Similarly if some wild animal is tamed
and reared by man, it shall remain wild animal. Therefore if some
one hunts a tamid deer, kaffarah will have to be paid.
PROBLEM:-
If a wild animal becomes the property of or local resident or be
himself catches it or gets it caught by some one else or purchased
it on payment its hunting will involve kaffarah.
PROBLEM:-
Hunting of a sea-animal is permissible although it at times comes
and stays on land.
PROBLEM:-
To offer the kaffarah for hunting the animal if he wants he may
purchase goat, sheep, lamb etc, equal to the cost of the hunted
animal and offer them for sacrifice in the Haram and distribute the
mat among the beggars or if he desires to he may purchase grain with
that price and distribute and it among the poor, keeping in mind
that the quantity of grains for each recipient should be equal to
the Sadaqah-e-Fitr he may keep one day's fast and if a portion of
the grain which is less than the quantity of sadaqah-e-fitr, may be
given to any poor man or keep a days fast in place of the grain,
even if the cost of the remaining grant falls short of a
sadaqah-e-fitr.
PROBLEM:-
The animal of the kaffara should be slaughtered within the Haram,
any sacrifice outside the Haram will nit fulfill the requirement of
the kaffarah.
PROBLEM:-
If the person offering kaffara eats the meat of the slaughtered
animal, he must pay the price for that meat as Ransom.
PROBLEM:-
If the kaffara animal is stolen or he offer the live animal by way
of kaffara as a sadaqah, then it will not be accepted and the
requirements of the kaffarah will not be fulfilled. However, if the
most of the slaughtered animal is stolen, the kaffarah will be
deemed to be fulfilled.
PROBLEM:-
If the kaffarah is wounded (seriously) but is does not die or any
limb of it is cut or the hair/quail is plucked, then the less so
occurring in the animal should be compensated as kaffarah equal to
the cost of the loss in the animal. However, if the animal dies an
account the injury, then the full cost of the animal should be paid
by way of wajib kaffarah.
PROBLEM:-
If the Mohrim (the pilgrim wearing Ahram) catches a wild animal
(from a jungle) it should be released and kept at a place where it
may take refuge or shelter. If he releasing the animal any where in
the city where it is likely to be caught again, then he shall have
to pay the penalty.
PROBLEM:-
If two or more Muhrims jointly hunt the animal then each one of them
will have offer kaffarah in full.
PROBLEM:-
The locust is a land creature, killing it will necessitate kaffarah
which may be only a date.
PROBLEM:-
If a non muhrim (person not wearing Ahram) hunts the animal the
Muhrim can eat the meat provided the latter (Muhrim) neither asked
the hunter, nor indicated or helped in any way in connect with the
hunting. If is also necessary that the animal should be slaughtered
outside the Haram.
PROBLEM:-
If a person enter the Haram with a wild animal, the commend is that
it should be led off, even if it may be lodged in a cage.
PROBLEM:-
The man riding a horse, or he was dragging it (while on foot) will
have to pay the ransom if the animal hurts some other animal or
tramples over or bites another animal (killing the latter.
PROBLEM:-
If he drives away some animal which on the run (an account of fear)
jumps over falls into the will, or it stumbles against some hard
stone etc and dies. In all the cases he will have to pay ransom.
PROBLEM:- There is NO RANSOM in killing
crows, kites wolf, scorpion, snake, rats (of any kind), biting dog,
lice, mosquito, tortoise, , ,biting ant, fly,
,and all
fox,
,etc. when they
attack, and all the wild animal which first attack (and then kill),
there is no kaffarah/
ransom for killing these
creatures. Even otherwise there is no kaffarah for killing
(capturing) any of the sea creatures.
TO CUT THE TREES ETC OF THE HARAM.
There is a penalty for cutting any
uncultivated growth like mushroom green grass, herbs, plant tree,
which no one has cultivated, sown seeds and which is still fresh
(not dried and withered), not uprooted or broken (trunk, stems etc).
The penalty is that the money equal to the affected growth should be
spent in purchasing the food grains for distribution among the poor
and the indigents each one's share being one sadaqah-e-fitr. If the
amount is not sufficient, then the sadaqah to a single person will
be permissible. It is also possible that the whole amount be given
to that person to whom sadaqah is intended. It is also permissible
that if the money in hand to buy a sacrificing animal, it should be
done like wise, slaughtering the animal in the Haram. However he can
not keep fast as a penance for his guilt.
PROBLEM:-
If a person uproots the plant/tree and pays the amount for it, Yet
he can not use the amount for any purpose of his own, If he has sold
the plant/tree the money thus obtained should be given away as
sadaqah.
PROBLEM:-
A dried and withered plant/tree can be uprooted and made use of
(without any penance etc).
PROBLEM:- Leaves of a tree can be plucked
provided no harm/loss
is caused to the tree. Likewise plucking the fruits
of a fruit-producing tree is permissible provided prior
sanction/permission has been secured or the price of the fruit has
been given to the owner.
PROBLEM:-
If some person jointly cut down a tree, then the penalty shall be
only one which should equally levied among the group irrespective of
the fact whether some of them are Muhrim (i.e. in Ahram), some Gair
Muhrim (not in Ahram) or if all are Muhrim.
PROBLEM:-
To make Miswak (stem of a plaque used as tooth brush) of any tree in
the Haram is not permissible.
PROBLEM:-
There is no penalty if some tree/plant is uprooted while walking or
by men or animal or pegging the tents, etc.
PROBLEM:-
Grazing the grass by the animal as a necessity is permissible (and
there is no penalty for it). But the penalty for cutting or
uprooting any growth (for purposes other than grazing) the animal is
the same as already mentioned in respect of trees/plant within the
limits of the Haram. However, there is no restriction is
plucking/uprooting the IZFAR Grass or any other withered grass which
can be used for any purpose, grass fields of these particular
verities can be uprooted and there is no penalty for the same.
TO KILL THE LICE.
If a person kill lice on his
clothes and throws, it the kaffara
in this respect is to
give a piece of bread for each lice. If the lice are two or three
then the kaffara is a fistful grain. For more than this, a sadaqah
is to be given.
PROBLEM:-
If he washes his head or clothes or spread the clothes in the sun
with intentions to kill the lice, the kaffarah is the same as is for
killing the lice.
PROBLEM:-
The clothes were wet and the same were spread to dry, them out in
the sun due to which the lice were killed although the intention was
not to kill them. In the circumstances no kaffarah is necessary.
To Pass by the MEEQAT without Ahram.
If a man comes from outside the
place of Meeqat and enters Mecca Moazzamah without Ahram, Even if he
has no intention to perform Haj or Umrah, the Haj or Umrah becomes
wajib on him. Now, he should go back to Meeqat and put on the Ahram.
If he does not go to Meeqat, but puts on the Ahram in Mecca, dam
becomes wajib.
PROBLEM:-
If a person passes through Meeqat without Ahram, then puts on the
Ahram of Umrah, then the performs Haj or Qiran, Dam becomes
essential. And if he first puts on the Ahram of Haj, then puts on
the Ahram of Umrah while in the Haram.
To put on another Ahram when already in Ahram.
If a persons puts on the Ahram of
Haj, then again on the day or night of Arafah, he puts on the Ahram
of another Haj after the head-shave (Halq), he should as usual
remain in Ahram and use the second Ahram for the next year no dam is
wajib and if does not have head-shave (Halq), dam becomes wajib.
PROBLEM:-
He had completed all the rites (practical) performances and only
Halq was remaining, to he puts on another Ahram for Umrah. In that
event `dam' becomes wajib and he also becomes sinful (guilty of
breach of shariat command).
PROBLEM:-
It is forbidden for the person doing Haj to put on Ahram from the
10th till the 13th of Zil Haj. If he has put on the Ahram he must
break (put off) the second Ahram and offer the Qaza and the `Dam'.
If he fulfill the Qaza, the Dam still remains due.
THE MOHSAR.
By MOHSAR is meant the person who
puts on the Ahram for Haj or Umrah, but on account of certain
reasons he could not fulfill his desire.
The reasons or circumstances which
may prevent the fulfillment of desire for Haj or Umrah are as under:
(1) The enemy (2) Wild beast (3)
Illness or disease which is likely to aggravate if he attempts
journey which involves physical movements. (4) Breaking of
hands/feet due to accidents/fall etc. (5) Imprisonment. (6) The
death of husband or Mahram with whom she had to go on Haj. (7) Iddat
(period of mourning by the widow (8) The loss of money (by way of
travel expenses) or the animal of transport (9) The husband does not
consent for Hajj-e-Nafil intended by the wife.
COMMANDS FOR THE `MOHSAR'
The main command for the Mohsar is
that he can not put off the Ahram unless he after reaching Mecca he
fulfill the requirement of Tawaf, Sa'ee and the Halq (head shave).
If he desire to
put off Ahram before this, he must
send the sacrifice (animal) to the Haram, when the sacrifice is
done, the Ahram can be put off or he should the amount of sacrifice
to the Haram so that the animal may be purchased and slaughtered
*there. It is also necessary that he must express his desire,
through the messenger whom he authorize to carry the money, that the
animal should be sacrificed on so and so date and at so and so time,
so that he may put off the Ahram after the passage of the time. If
there is any delay, for some reason, in the sacrifice of which he
comes to know later, by which time he has already put off the Ahram.
In that event he must offer dam as he has come out of Ahram before
the animal was slaughtered. It is however, not necessary for the
Mohsar to have shaven his head (Halq) as a condition for putting off
Ahram. It is better if he does so.
PROBLEM:-
If the Mohsar is Mufrid (which means that he has put on the Ahram
only for the Haj or the Umrah alone), he should send one animal for
sacrifice. If he is Qarin he should send two animals for sacrifice.
For this purpose, Haram is the only condition. No sacrifice out
sided Haram is permissible there is however no time limit for the
**sacrifice.
PROBLEM:-
If the Qarin sent the money for 2 sacrifice (animals), but these
only one animal could be purchased with that amount and accordingly
the animal was slaughtered. This is not enough.
PROBLEM:-
The Qarin performed Tawaf for Umrah but before the Wuqoof (of
Arafat), he became `Mohsar', he should now only one sacrifice and in
place of the Haj (which he missed) he should perform on Haj and one
Umrah. The other Umrah is not obligatory for him.
PROBLEM:-
If the thing which prevented him to perform Haj is passed and is no
more compulsive and if there is still enough time for the Haj and
the sacrifice, then he should go. If per chance he does not get Haj,
he should perform Umrah and come out of the Ahram. It is also better
to have the sacrifice, if he gets it, for which he had earlier sent
the money.
PROBLEM:-
Then can be no Ahsar after the Wuqoof-e-Arafah if he is still at
Mecca. But if it is beyond his capacity to perform both Tawaf and
Wuqoof, in that case he will be a Mohsar. If he can do only one
thing and not the both, he will not Mohsar.
PROBLEM:-
When the Mohsar sends the sacrifice and comes out of Ahram. Now he
want to offer Qaza then if the Ahram was only for Haj, then as Qaza
he must perform one Haj and one Umrah. If the Ahram was for the
Qiran, then he must do one Haj and two Umrahs, he is also authorized
to offer Qaza for the Qiran, then one Umrah or perform all the three
separately. If the Ahram was for only Umrah, then for Qaza for one
Umrah will be necessary.
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*: Here keeping fast in place of
sacrifice is not allowed, even it does not the means to offer
sacrifice.
**: For the sacrifice of `Ahsar', 10th, 11th and
12th is not compulsory,, It can be done before or after these dates.
THE LOSS OR NON-ATTAINMENT OF HAJI.
One whose Haj is post, meaning
thereby that does not get or the wuqoof-e-Arafat, what he should no
now is that he should get his head shaven or trimming (cut short)
his hair (Halq) and come out of Ahram. He can perform the Haj the
next year no dam is wajib (essential) on him.
PROBLEM:-
If Qarin loses his Haj, he must perform Sa'ee and Tawaf for the
Umrah, again he should do Tawaf and Sa'ee as also have the Halq. In
this way the dam of Qiran will be waived. He should stop reciting
Labbaik immediately beginning the Tawaf on which he has already come
out of Ahram. He should perform Haj the next year, There is no Qaza
for Umrah which he has already performed.
PROBLEM:-
The man in the class of Tomatta (Motamatta definition given earlier)
brings the animal for sacrifice but the state of Tamatta becomes
void (un effective) for some reason. He may do what he likes with
the animal.
PROBLEM:-
Umrah can not be lost as it be performed any time in the life.
However, Umrah is makrooh during five days, namely from the 9th
Zilhaj to 13th Zilhaj.
PROBLEM:-
Tawaf is not binding on the person whose Haj is lost
(Unaccomplished).
PROBLEM:-
If a man loses his Haj and after doing sa'ee he does not put off the
Ahram with the intention of doing the Haj the next year with the
same Ahram. If he does so, his Haj will not be in order.
HAJJ-E-BADAL (HAJ BY PROXY).
There are certain conditions for
Hajj-e-Badal.
(1) Hajj should be Farz
(obligatory) on the man who undertakes Hajj-e-Badal on behalf of
some one else (literally speaking as Hajj by Proxy), but the term
Hajj-e-Badal is most common and is understood by all as such.
Explanation: If the Hajj was not
Farz and he got the Hajj-e-Badal, on his behalf, then in this case
the Farz-e-Hajj can not be said to he performed as Farz Hajj. If
subsequently the Hajj becomes binding (Farz) on him, the Hajj
already performed by proxy will not accepted or Farz haj. If he is
(still) unable to perform Farz Haj, he may have, once move
Haj-e-Badal on his behalf. But if he is capable to perform Haj
himself he should do so.
(2) The man in whose behalf
Haj-e-Badal is done should he incapable or helpless. If he is
capable, he should himself perform the Haj, even he becomes
incapable at a later date. But if he was capable and in a position
to perform Haj before (when he should have performed Haj). Now in
his state of helplessness, he can have Haj-e-Badal.
(3) The state or condition or
circumstances of being in capable or help is likely to continue till
his death.
Explanation: IF the cause of
helplessness is removed afterwards and he becomes fit and likely to
remain so to perform Haj, he should do so the previous Hajje Badal
is annulled. Again the Haj-e-Badal should be for reasons which are
not likely to be come normal. If however as a matter of chance (good
luck) the disease or ailment becomes cured, the Haj-e-Badal already
performed will be valid.
(4) The man on whose behalf Haj is
under keen should have himself expressed his desire. Without his
permission, Haj-e-Badal is not acceptable. However if the lawful in
heritor (waris) acts performs the Haj on behalf of the
, then no permission
or authority is necessary.
(5) The money (for all due
expenses) shall be provided by the man on whose behalf Haj is to
undertaken .
(6) Only that man can perform
Haj-e-Badal who has been expressly asked to do so. Haj-e-Badal by
any other man is not acceptable. (However if the man nominated by
the deceased refuses to go or himself does, then the Haj by another
man will be permissible.
(7) The Haj-e-Badal should be
performed by means of transport and not foot and the cost thereof
shall be paid by man sending another man, part of journey where
necessary convenience can be covered on foot, but the major part
should be spent on any means of transport.
(8) The man going on Haj-e-Badal
should proceed form the nature place of the sender
(9) He should put in the Ahram
form MEEQAT if the donor has asked him.
(10) The Haj should be undertaken
and performed with the Niyat (intent) of the sender. It is better
that with the words of Labbaik he should letter the name of the man.
(If he forgets the name he should declare at heart that he is doing
the Haj on behalf of the man who has sent him.
All the a fore said conditions
relate to the Haj and must therefore he faithfully adhered to. In
case of Hajj-e-Nafil, none is binding.
PROBLEM:-
Two men nominated the same man for Haj on their behalf, but he took
the names of both the senders while reciting Labbaik. In this case,
the Haj from neither of the two will be valid.
PROBLEM:-
It is essential that the man in whom the Hajje Farz or Qaza or
sunnat is due and he fears the last day of his life may come any
movement (for known and unknown reasons) to make a wasiyat in this
behalf.
PROBLEM:-
The man on whom Haj is Farz and dies without performing the Haj nor
does he make any wasiyat in this conditions, he will be deemed
guilty according to the confesses of the authorities. If his
successor or inheritor desires to arrange Hajj-e-Badal on behalf of
the deceased. Allah in His Mercy will accept this. If however the
deceased had made a wasiyat, then the Haj should be arranged with
the one third of the assets left behind by the deceased, even if he
had imposed any such conditions and simply stated in is wasiyat that
the Haj may be arranged on his behalf or in his name.
PROBLEM:- If the one third of the assets is
so much that the Haj can be undertaken from his nature place, it
should be arranged likewise. Otherwise keeping the money in view
some one from beyond the Meeqat should be selected form any place so
that the expenses
like by to he incurred may be that. If the one third of the assets
can not be enough to send any man form any place beyond the Meeqat,
then in that event the wasiyat becomes in operative or unpracticable.
PROBLEM:-
Some one who leaves home on journey for Haj and if he dies in route
to Mecca or he dies in Mecca Before Wuqoof-e-Arafah. If the Haj had
become Farz in the same year, then wasiyat (for Hajj-e-Badal) is not
wajib (essential). If he dies after the wuqoof, the Haj is
fulfilled. If the Tawaf-e-Farz remains and he makes a wasiyat for
completing this Haj, then some one should do sacrifice of BADABAH on
his behalf.
PROBLEM:-
However it is advisable that in the above event some such person
should be sent/deputed who is himself Hujjat-ul-Islam or in other
words, he has performed his own Farz Haj. If some one who has not
performed Haj, the Hajje Badal will be valid. If however the man so
selected has not performed his own Haj which is wajib on him, then
in such a case the Haj will be Makrooh-e-Tahrimi.
SOME DETAILS OF "HADEE".
Hadee is that animal which is
taken to Haram for sacrifice. They are of three kinds (1)SHAAT,
which stands for goat, sheep and lamb. (2) BAQAR, or cow and
buffalo. (3) Camel. The lowest among the "Hadee" is goat, If some
one makes a mannat (an avowal to be fulfilled on achieving the
objective) with no specific class of animal, the sacrifice of a goat
will be enough.
PROBLEM:-
There is no difference between the he or she animal for the purpose
of sacrifice. The command applier to both .
PROBLEM:-
The conditions for the Hadee animals are the same as are laid down
for other sacrificed animals. This means that the minimum age of a
camel is five years, cow and buffalo two years, and goat not less
than one year, while the sheep or lamb should not be less than 6
month old if it appears as if of one year (in physical). In the
Hadee sacrifice of a cow/buffalo/camel seven persons can share the
sacrifice just as in the case of normal animals of sacrifice.
PROBLEM:-
If the Hadee animal pertains to Qiran or Tamatto, it is better if
some meat is taken (eaten) by the man himself, likewise there is no
objection if some meat of Hadeel is eaten while it is a Nafil
sacrifice and it has reached the Haram. If the animal has not
reached the Haram, then the owner can not partake of meat, it is the
right of the poor and the indigent. The meat of the Hadee animal
which he is permitted to eat, can also be offered to rich and well
to do persons. The animal of which flesh/meat is permitted to
partake can not receive any benefit form its skin.
PROBLEM:-
The sacrifice of Qiran and Tamatto can not be made before the 10th
of Hilhaj. And if it is done after 10th Zilhaj it will be valid, but
10th is better. It is essential that the animal should be in the
Haram, Mina is not obligatory. However if it is done on the 10th,
then to do so in Mina is sunnat, and after the 10th it is sunnat if
the sacrifice take in Mecca. The slaughter of the Badanah animal of
Mannat is not obligatory in the haram as a condition. when in the
mannat no such condition was imposed before hand.
PROBLEM:- It is preferable that the meat of
the Hadee (animal) is distributed among the poor and needy of the
Haram. The
of the camel should be given away
in the charity. Nothing should be given to the butcher except by way
good will gesture.
PROBLEM:-
It is not permissible to ride or load on hadee animal unless it is
absolutely necessary. In the later case the deficiency suffered by
the animal in any way should be made good through charity to the
poor.
PROBLEM:-
It is not permissible to milk a hadee animal and if under some
compulsion she is milked then the some (milk) should be given away
or charity, and if the milk is kept, then its price should be given
over to some needy person.
PROBLEM:-
If the Hadee animal gives birth to a young one, then either it
should be given as charity or it should be slaughtered along with
the animal. Or if he sells the young one or kills it, then its price
should be given away as charity. It will be permissible if with the
price so received another animal of sacrifice is purchased.
PROBLEM:-
If some one slaughter the animal of other person by mistake while
the latter also slaughter the animal of that person, then the
sacrifice, of the' both the persons will be acceptable.
PROBLEM:-
If some animal meant for sacrifice in the Haram is already to die on
the way, then should be slaughtered and the rope etc on the animal
should be stained with it blood together with the hump (or side way)
so that some illegible person (such as rich and well to do) may not
eat its flesh/meat. If the animal was by way of Nafil, then it is
not obligatory to purchase another animal in its place. If it was
wajib, then another wajib animal is necessary. If he suffer form
some defect which does permit the rightful sacrifice, then he may
what he likes with it, but he should purchase another animal if it
is wajib.
PROBLEM:- If the animal has reached the Haram
and is about to die, then it should be slaughtered and given over as
charity among the poor, but he should not eat of it, even if it is
Nafil. If the animal suffer from some minor thing an is still fit
for sacrifice, it should be sacrificed and he can also eat (as a
token of blessing). |
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