Ali bin Abi Talhah﴾ Al-Walibi said that Ibn `Abbas said that Allah's statement,
﴿لَيَبْلُوَنَّكُمُ اللَّهُ بِشَىْءٍ
مِّنَ الصَّيْدِ تَنَالُهُ أَيْدِيكُمْ وَرِمَـحُكُمْ﴾
(Allah will certainly make a trial for you with something in (the matter of) the
game that is well within reach of your hands and your lances,)﴿5:94﴾, refers to,
"The weak and young game. Allah tests His servants with such game during their Ihram,
that if they wish, they would be able to catch it with their hands. Allah has commanded
them to avoid catching it.'' Mujahid said that,
﴿تَنَالُهُ أَيْدِيكُمْ﴾
(well within reach of your hands) refers to the young game and chicks, while
﴿وَرِمَـحُكُمْ﴾
(and your lances,) refers to mature game. Muqatil bin Hayyan said that this Ayah
was revealed during the `Umrah of Al-Hudaybiyyah, when wild game and birds were
coming to the Muslim camping area, which they had never seen the likes of before.
Allah prohibited them from hunting the game while in the state of Ihram,
﴿لِيَعْلَمَ اللَّهُ مَن يَخَافُهُ
بِالْغَيْبِ﴾
(that Allah may test who fears Him in the unseen. ) Therefore, Allah tests His servants
with the game that comes near their camping area, for if they wish, they can catch
it with their hands and spears in public and secret. This is how the obedience of
those who obey Allah in public and secret becomes apparent and tested. In another
Ayah, Allah said;
﴿إِنَّ الَّذِينَ يَخْشَوْنَ رَبَّهُم
بِالْغَيْبِ لَهُم مَّغْفِرَةٌ وَأَجْرٌ كَبِيرٌ ﴾
(Verily! Those who fear their Lord in the unseen, theirs will be forgiveness and
a great reward (i.e. Paradise).) Allah said next,
﴿فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ﴾
(Then whoever transgresses thereafter.) after this warning and threat, according
to As-Suddi, then,
﴿فَلَهُ عَذَابٌ أَلِيمٌ﴾
(for him there is a painful torment.) for his defiance of Allah's command and what
He has decreed. Allah said next,
﴿يَـأَيُّهَا الَّذِينَ ءَامَنُواْ
لاَ تَقْتُلُواْ الصَّيْدَ وَأَنْتُمْ حُرُمٌ﴾
(O you who believe! Kill not game while you are in a state of Ihram,) This Ayah
prohibits killing the game in the state of Ihram, except what is exempt from this
as mentioned in the Two Sahihs; `A'ishah narrated that the Messenger of Allah said,
«خَمْسٌ فَوَاسِقُ يُقْتَلْنَ فِي
الْحِلِّ وَالْحَرَمِ: الْغُرَابُ، وَالْحِدَأَةُ، وَالْعَقْرَبُ، وَالْفَأْرَةُ، وَالْكَلْبُ
الْعَقُور»
(Five are Fawasiq, they may be killed while in Ihram or not; the crow, the kite,
the scorpion, the mouse and the rabid dog.) Ibn `Umar narrated that the Messenger
of Allah said,
«خَمْسٌ مِنَ الدَّوَابِّ لَيْسَ عَلَى
الْمُحْرِمِ فِي قَتْلِهِنَّ جُنَاحٌ: الْغُرَابُ، وَالْحِدَأَةُ، وَالْعَقْرَبُ، وَالْفَأْرَةُ،
وَالْكَلْبُ الْعَقُور»
(It is not harmful in a state of Ihram to kill five kinds of animals: the crow,
the kite, the scorpion, the mouse and the rabid dog.) This Hadith was recorded in
the Two Sahihs. Ayyub narrated that Nafi` narrated similar wordings for this Hadith
from Ibn `Umar. Ayyub said, "So I said to Nafi`, `What about the snake' He said,
`There is no doubt that killing the snake is allowed.''' The ruling concerning the
rabid dog also includes the wolf, lion, leopard, tiger and their like, since they
are more dangerous than the rabid dog, or because the term Kalb (dog) covers them.
Allah knows best. Abu Sa`id narrated that the Prophet was asked about the animals
that the Muhrim is allowed to kill and he said,
«الحَيَّةُ، وَالْعَقْرَبُ، وَالْفُوَيسِقَةُ،
وَيَرْمِي الْغُرَابَ وَلَا يُقْتُلُهُ، وَالْكَلْبُ الْعَقُورُ، وَالحِدَأَةُ، وَالسَّبُعُ
العَادِي»
(The snake, the scorpion, the mouse, and the crow - which is shot at but not killed
-- the rabid dog, the kite and wild beasts of prey.) Abu Dawud recorded this Hadith,
as did At-Tirmidhi, who said, "Hasan'', and Ibn Majah.
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