LessonsJinayat al-Muhrim — Sanctuary Game, Plants, Qiran and Joint Hunting (Part VI)Quiz

The previous lesson discussed edible game and animal exceptions. This passage adds two independent causes of protection:
1. Ihram is a ritual state for pilgrimage; its rules may apply outside the sanctuary.
2. The Haram is a defined sacred territory; some restrictions apply even to a person not in ihram.

The passage then turns to qiran, joint hunting, and game transactions. First identify a person’s status and the location of the act.

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Jinayat al-Muhrim — Sanctuary Game, Plants, Qiran and Joint Hunting (Part VI)

Sanctuary protection, vegetation compensation, qiran penalties, miqat exception, joint hunting and sale of game Read the bilingual lesson for Jinayat al-Muhrim — Sanctuary Game, Plants, Qiran and Joint Hunting (Part VI) and test your understanding with a focused quiz.

Lesson

1. The sanctuary and the state of ihram

The previous lesson discussed edible game and animal exceptions. This passage adds two independent causes of protection:
1. Ihram is a ritual state for pilgrimage; its rules may apply outside the sanctuary.
2. The Haram is a defined sacred territory; some restrictions apply even to a person not in ihram.

The passage then turns to qiran, joint hunting, and game transactions. First identify a person’s status and the location of the act.

2. Sanctuary game: liability of someone not in ihram

وَفِي صَيْدِ الْحَرَمِ إِذَا ذَبَحَهُ الْحَلَالُ: الْجَزَاءُ.
Translation: If a person not in ihram slaughters sanctuary game, compensation is due.

Here al-halal means a person outside ihram, not an adjective saying the meat is lawful.

The basis of the ruling is protection of sanctuary game. Thus freedom from ihram does not eliminate the sanctuary restriction. Identify the animal and its location before applying the compensation rule.

3. Two different senses of halal

Example 1: a person in a halal state is outside ihram.
Example 2: halal meat describes meat that is lawful to eat.

The text says إِذَا ذَبَحَهُ الْحَلَالُ
Translation: when a person outside ihram slaughters it.

The noun here denotes the actor, not the edibility of meat. One should not infer from the wording that the slaughter itself is automatically permitted.

4. Applying the location/status distinction

Case 1: a pilgrim is in ihram but still outside the Haram. The hunting restriction of ihram remains relevant.
Case 2: a person is outside ihram but slaughters protected game inside the sanctuary. Al-Quduri’s clause assigns compensation there as well.

These are distinct legal grounds: ritual status in the first case, sacred location in the second. One event may engage more than one legal framework, but that requires its own juristic assessment.

5. Sanctuary grass and trees

وَإِنْ قَطَعَ حَشِيشَ الْحَرَمِ أَوْ شَجَرَهُ الَّذِي لَيْسَ بِمَمْلُوكٍ وَلَا هُوَ مِمَّا يُنْبِتُهُ النَّاسُ فَعَلَيْهِ قِيمَتُهُ.
Translation: If someone cuts the Haram’s grass or trees that are neither privately owned nor of the kind planted by people, their value is due.

Hashish al-Haram means the sanctuary’s grass or herbage; shajaruhu means its trees.

Al-Quduri attaches a valuation rule to vegetation described with two qualifications: not privately owned and not planted by people. These conditions matter when identifying the specific vegetation-compensation rule taught here.

6. Both vegetation qualifications matter

Condition 1: laysa bi-mamluk — it is not privately owned.
Condition 2: wa-la huwa mimma yunbituhu al-nas — it is not planted or cultivated by people.

The cited rule assesses value for the specified natural, unowned sanctuary vegetation. This must not be mistaken for permission to damage someone else’s property or for a complete discussion of all possible civil or other liabilities.

7. Wild growth versus cultivated plants

Case 1: naturally growing, unowned grass in the Haram is unlawfully cut. This falls within the cited value-compensation clause.
Case 2: a garden plant cultivated and owned by someone is not the same specified category; other property rights need separate consideration.
Case 3: ownership and cultivation are uncertain. A definite classification requires facts rather than an assumption from the word “plant.”

8. Two protected things in the sanctuary

Game: the first clause assigns jazaʾ to an out-of-ihram person who slaughters protected sanctuary game.
Grass and trees: the second clause assigns their value to cutting vegetation within the stated conditions.

The two clauses use different language and have distinct factual predicates. The excerpt does not by itself enumerate every procedural detail for assessing or paying each liability.

9. Two penalties for a qarin

وَكُلُّ شَيْءٍ فَعَلَهُ الْقَارِنُ مِمَّا ذَكَرْنَا أَنَّ فِيهِ عَلَى الْمُفْرِدِ دَمًا فَعَلَيْهِ دَمَانِ: دَمٌ لِحَجَّتِهِ وَدَمٌ لِعُمْرَتِهِ.
Translation: If a qarin commits an act for which the mufrid, under the cited rulings, owes one sacrificial offering, the qarin owes two: one for Hajj and one for Umrah.

A qarin combines Hajj and Umrah in one ihram; a mufrid performs Hajj al-Ifrad.

This is a conditional rule: in a cited offence where the mufrid owes one dam, the qarin owes two. It does not say every action, or every lesser penalty, incurs two offerings.

10. Why the qarin owes two offerings

The qarin’s ihram includes both Hajj and Umrah; hence the text names one offering for Hajj and one for Umrah.

For an offence previously classified as requiring one dam from a mufrid, this clause requires two from a qarin.

The clause concerns the penalty for a violation. That is not automatically the same legal category as the ordinary sacrifice connected to qiran.

11. The mufrid, qarin and triggering condition

Case 1: a violation that expressly requires one dam from a mufrid entails two dam offerings for a qarin under this clause.
Case 2: if an action is assigned only charity, this wording alone cannot be used to convert it into two full offerings.
Case 3: an act with no penalty in the relevant source cannot acquire an invented dam solely because the pilgrim is a qarin.

The condition “for which a mufrid owes a dam” governs the entire sentence.

12. The difference between dam and sadaqah

Dam is an animal offering specified as a penalty in this chapter. Sadaqah is monetary/charitable compensation assigned to some lesser violations.

If the source specifies only sadaqah, the expression “two dams for the qarin” does not automatically apply.

The necessary first step is to identify the original kind of liability attributed to a mufrid.

13. The single-dam exception for passing the miqat

إِلَّا أَنْ يَتَجَاوَزَ الْمِيقَاتَ مِنْ غَيْرِ إِحْرَامٍ ثُمَّ يُحْرِمَ بِالْعُمْرَةِ وَالْحَجِّ فَيَلْزَمُهُ دَمٌ وَاحِدٌ.
Translation: Except when he passes the miqat without ihram and then enters ihram for both Umrah and Hajj: in that case one dam is due.

This is an express exception to the rule of two dams for a qarin. The miqat crossing is one occurrence, and this specific described case entails one dam.

Three elements are stated: the person crossed the miqat, lacked ihram at the crossing, and subsequently entered ihram for both Umrah and Hajj. The exact factual pattern matters.

14. The miqat exception as a sequence

Step 1: a pilgrim passes the miqat without ihram.
Step 2: farther on, the pilgrim enters qiran ihram for Umrah and Hajj together.
Result: in the precise described case, al-Quduri states one dam, not two.

The statement is not a general waiver for every ihram violation. A real case may need additional facts on returning to the miqat, remedy and timing.

15. General rule versus explicit exception

General rule: a qarin commits a violation for which a mufrid owes one dam; the qarin owes two.
Express exception: a person crosses the miqat outside ihram and later enters combined Hajj-and-Umrah ihram; one dam.

Before answering a case, check whether the specific miqat exception is actually present. The word illa changes the scope of the preceding rule.

16. Two muhrims jointly killing game

وَإِذَا اشْتَرَكَ مُحْرِمَانِ فِي قَتْلِ صَيْدٍ: فَعَلَى كُلِّ وَاحِدٍ مِنْهُمَا الْجَزَاءُ كَامِلًا.
Translation: If two people in ihram jointly kill game, each of them owes the full compensation.

Al-muhriman is the dual form, “the two persons in ihram.” Kulli wahidin minhuma explicitly addresses each participant.

Although two individuals cooperate in killing a single animal, the passage does not split the compensation in halves: each owes the full amount. The following clause establishes a different outcome for two persons outside ihram hunting sanctuary game.

17. Joint action does not halve the ihram penalty

Suppose two persons in ihram jointly kill one protected animal. Let J denote its full applicable compensation.

First person: one full J.
Second person: one full J.

Together their liabilities amount to two full J amounts; neither is assigned one-half. The text’s word kamilan (in full) is decisive.

18. One hunted animal, two personal liabilities

Three expressions fix the case:
Ishtaraka — the act was shared.
Muhriman — both individuals were in ihram.
Kamilan — each penalty is full.

“One animal was killed” is therefore insufficient information. The persons’ ritual status is essential, as the next clause illustrates.

19. Two people outside ihram jointly killing sanctuary game

وَإِذَا اشْتَرَكَ حَلَالَانِ فِي قَتْلِ صَيْدِ الْحَرَمِ: فَعَلَيْهِمَا جَزَاءٌ وَاحِدٌ.
Translation: If two people not in ihram jointly kill sanctuary game, they together owe one compensation.

Al-halalan denotes two individuals outside ihram. The protected animal is sanctuary game, identified by place.

Al-Quduri says fa-ʿalayhima jazaʾun wahid: one shared compensation for both. That is different from the preceding clause, under which each muhrim owes a full penalty.

20. Comparing the two joint-hunting clauses

Case A — two persons in ihram
They jointly kill one protected animal.
Each owes full compensation.

Case B — two persons outside ihram, sanctuary game
They jointly kill one protected sanctuary animal.
They together owe one compensation.

The number of participants alone is not decisive; ritual status and location distinguish the clauses.

21. Two similar-looking cases, different outcomes

Scenario 1: Ahmad and Bilal are both in ihram and jointly kill protected game. Each owes full compensation.
Scenario 2: Zayd and Amr are both outside ihram but jointly kill protected sanctuary game. One compensation is due between them.

These examples illustrate the precise two clauses. More complex cases combining multiple causes of liability require separate analysis.

22. The sale or purchase of game by a muhrim

وَإِذَا بَاعَ الْمُحْرِمُ صَيْدًا أَوِ ابْتَاعَهُ فَالْبَيْعُ بَاطِلٌ.
Translation: If a person in ihram sells or buys game, the sale is void.

Baʿa means “sold,” ibtaʿahu means “purchased it,” and al-bayʿu batil means “the sale is void.”

Both directions of the transaction are addressed: selling game and buying game while in ihram. The chapter therefore covers not only hunting and slaughter, but also the validity of dealings in protected game.

23. Invalid sale versus hunting compensation

Ruling 1: a muhrim hunts or participates in killing game, potentially creating a compensation liability.
Ruling 2: a muhrim sells or purchases game, and al-Quduri calls that a void sale.

A question about the validity of a sale does not need to say the seller personally killed the animal. Likewise, compensating for unlawful hunting does not settle all rules of contracts. These are different legal questions.

24. Vocabulary and morphology of the passage

Halal / halalan — one/two persons not in ihram in this context.
Hashish — grass or herbage, not the modern drug-related sense.
Shajar — trees.
Yunbituhu — they cultivate/grow it, form IV, root n-b-t.
Qarin — one who combines, an active participle from form III, here a pilgrim combining Hajj and Umrah.
Ibtaʿa — bought, form VIII, root b-y-ʿ.

25. Parsing fa-ʿalayhima jazaʾun wahidun

فَعَلَيْهِمَا جَزَاءٌ وَاحِدٌ
Translation: Thus one compensation is due upon them both.

Fa introduces the consequence.
ʿAlayhima is a prepositional phrase containing the dual pronoun “them both,” forming the fronted predicate.
Jazaʾun is the delayed nominative subject.
Wahidun is its nominative adjective.

“One” describes the compensation, not just one of the two participants.

26. Parsing fa-ʿalayhi damani

فَعَلَيْهِ دَمَانِ: دَمٌ لِحَجَّتِهِ وَدَمٌ لِعُمْرَتِهِ
Translation: Thus two offerings are due: one for his Hajj and one for his Umrah.

ʿAlayhi is a fronted prepositional predicate.
Damani is a delayed nominative dual subject, signaled by the alif.
Damun li-hajjatihi and damun li-ʿumratihi distinguish two purposes.

The dual grammatical form mirrors the two separate liabilities expressly stated in the ruling.

27. Seven clauses at a glance

1. Sanctuary game: a person outside ihram who slaughters it owes compensation.
2. Protected vegetation: cutting the specified unowned, uncultivated plants entails their value.
3. Qiran offences: two dam offerings when a mufrid would owe one.
4. Miqat exception: crossing without ihram and then entering qiran entails one dam.
5. Two muhrims jointly hunt: each owes a full penalty.
6. Two non-muhrims jointly hunt in the sanctuary: one shared penalty.
7. Game sale by a muhrim: buying and selling is void.

28. Three distinctions that prevent common mistakes

Misconception 1: “No ihram means unrestricted hunting in the Haram.” Sanctuary protections apply separately.
Misconception 2: “Every act by a qarin requires two offerings.” The two-dam rule has a defined trigger and an explicit miqat exception.
Misconception 3: “One animal means one penalty in every joint hunt.” Two muhrims each owe the full penalty, while two non-muhrims jointly killing sanctuary game owe one between them.

A sound answer preserves every stated condition.

29. Where the next chapter begins

The selected chapter ends with وَإِذَا بَاعَ الْمُحْرِمُ صَيْدًا أَوِ ابْتَاعَهُ فَالْبَيْعُ بَاطِلٌ
Translation: If a muhrim sells or buys game, the sale is void.

The next heading is Bab al-Ihsar, dealing with impediments such as obstruction or illness that prevent completing the pilgrimage and the associated release from ihram.

Those rules belong to the next level, not to the selected hunting-and-sanctuary passage.

Practice questions

Question 1

Who is al-halal in the clause dhabahahu al-halal?

  • An animal whose meat is edible
  • A pilgrim currently in ihram
  • A person not in ihram
  • Land outside the Haram

Question 2

Someone not in ihram slaughters protected game inside the Haram. What does the source require?

  • Game compensation
  • Renewal of ihram only
  • No penalty because there is no ihram
  • Farewell tawaf only

Question 3

What is the correct distinction between Haram and ihram?

  • Both mean a type of cloth
  • The Haram is a protected territory; ihram a ritual status
  • The Haram only matters at night
  • Ihram is only a geographical area

Question 4

What is the defining factor in the sanctuary-game clause?

  • The game being within the sanctuary
  • The pilgrim’s occupation
  • Only the animal’s market price
  • Only travel timing

Question 5

What compensation does the text specify for cutting naturally growing unowned sanctuary grass?

  • Repeat Hajj
  • Repeat talbiyah only
  • Always two badanahs
  • Its value

Question 6

Which pair of qualifications appears in the sanctuary-vegetation clause?

  • The tree is mature and fruit-bearing
  • The plant is dry and useless
  • It was cut only at night
  • It is neither privately owned nor planted by people

Question 7

What does hashish al-Haram mean in this classical legal context?

  • Grass or vegetation in the sanctuary
  • Meat from game
  • Sacrificial animal hide
  • A particular perfume

Question 8

What is the sound inference about damage to someone’s cultivated garden shrub?

  • It differs from the specified unowned, uncultivated case; other rights need consideration
  • Every such act is permitted under this clause
  • It always requires two offerings
  • No value can ever be recoverable

Question 9

What pilgrimage mode does al-qarin denote?

  • Performing Umrah alone
  • Performing Hajj al-Ifrad
  • Combining Hajj and Umrah in one ihram
  • Entering the Haram without ihram

Question 10

If a specified offence requires one dam from a mufrid, what does the qarin owe for the same offence?

  • One charitable payment
  • No compensation
  • One tawaf
  • Two dam offerings

Question 11

What does dam li-hajjatihi wa-dam li-ʿumratihi clarify?

  • Two arrival tawafs
  • One penalty for Hajj and one for Umrah
  • Two different miqats
  • Two names for one dam

Question 12

What condition activates the general two-dam rule for the qarin?

  • Any charity be due for any act
  • The same act would require one dam from a mufrid
  • The qarin merely performs tawaf
  • He departed from Madinah

Question 13

If an act requires only a small charity, what follows from this two-dam clause?

  • Two dams cannot automatically be imposed
  • Two dams invariably apply
  • Hajj is always invalidated
  • Crossing a miqat alone settles it

Question 14

Which specified miqat scenario entails one dam for the qarin?

  • Entering ihram before the miqat
  • Performing voluntary prayer in the Haram
  • Performing wudu at the miqat
  • Crossing without ihram and later entering combined Hajj-and-Umrah ihram

Question 15

How many dam offerings are due in the expressly stated miqat exception?

  • Two offerings
  • One offering
  • Three offerings
  • No offering

Question 16

What does illa do between the general rule and miqat clause?

  • Makes the prior rule unconditional
  • Turns it into a question
  • Excludes a specified case from the general rule
  • Abolishes all obligations

Question 17

Who are muhriman?

  • Two persons outside ihram
  • Two persons in ihram
  • One qarin only
  • Two privately owned trees

Question 18

Two muhrims jointly kill protected game. What does each owe?

  • Half a compensation
  • One date
  • Neither owes compensation
  • The full compensation

Question 19

Two muhrims jointly hunt; let J represent full compensation. What does each personally owe?

  • One-half J between both
  • Each owes the full J
  • First J, second zero
  • Each owes a quarter of J

Question 20

Which conclusion contradicts the two-muhrim hunting clause?

  • Both jointly killed one animal
  • Each participant owes only half
  • Each participant has individual liability
  • Each owes the full compensation

Question 21

Who are halalan in the joint-hunting clause?

  • Two persons outside ihram
  • Two persons in ihram
  • Two ihrams of a qarin
  • Two sacrificial animals

Question 22

Two persons outside ihram jointly kill one sanctuary animal. What total compensation is due between them?

  • Two penalties from each
  • No compensation for either
  • One shared compensation for both
  • One full compensation from each

Question 23

Which comparison correctly states both joint-hunting rules?

  • Two muhrims: each full; two non-muhrims hunting sanctuary game: one shared
  • Both groups owe half each
  • Neither group owes compensation
  • Two muhrims: one shared; two non-muhrims: each full

Question 24

Which information is essential before choosing between the two joint-hunting rules?

  • Their clothing color
  • The participants’ ihram status and the game’s location
  • Who photographed the animal
  • The travel vehicle

Question 25

Which transaction appears in idha baʿa al-muhrimu saydan?

  • A muhrim buying game
  • A muhrim seeing game
  • A muhrim selling game
  • A muhrim counting game

Question 26

What is meant by aw ibtaʿahu?

  • Or he purchased it
  • Or he slaughtered it
  • Or he left it behind
  • Or he injured it

Question 27

A person in ihram sells or purchases game. How does al-Quduri classify the sale?

  • Binding and valid
  • Disliked but valid
  • Merely deferred
  • Void

Question 28

What does the specific game-sale clause address?

  • A person in ihram buying or selling game
  • Only trading sanctuary plants
  • Only naming a rabbit
  • Only cooking game meat

Question 29

In fa-ʿalayhima jazaʾun wahidun, what is wahidun an adjective of?

  • ʿAlayhima (upon them two)
  • Muhrim
  • Sayd
  • Jazaʾun (compensation)

Question 30

What grammatical form is damani?

  • A genitive broken plural
  • A nominative dual
  • An imperative verb
  • An accusative singular

Question 31

Which verbal form is yunbitu in yunbituhu al-nasu?

  • Form II
  • Form III
  • Form IV
  • Form X

Question 32

What does the dual pronoun in minhuma refer to?

  • Two trees
  • Two offerings
  • The two muhrims participating in the hunt
  • Two animals

Question 33

Which chapter follows the selected passages?

  • Bab Sadaqat al-Fitr
  • Bab Zakat al-Dhahab
  • Bab al-Hayd
  • Bab al-Ihsar

Question 34

Which set accurately summarizes three principles from the text?

  • Qarin always one dam; two muhrims one shared penalty; sale valid
  • Non-muhrim free to hunt in Haram; natural grass has no value liability; sale valid
  • Qarin two dams for specified offences; each of two muhrims owes full compensation; muhrim’s game sale void
  • No miqat penalty; two non-muhrims each owe separate penalty; sale merely disliked

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