Which categories of Hady may the pilgrim eat from?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
One may eat from the Hady offered for Tamattu' (lesser pilgrimage combined with Hajj) and Qiran (Hajj and Umrah performed together simultaneously), but not from other categories. This is the established position of Ahmad. The justification is that the cause for Tamattu' and Qiran Hady is not prohibited, thus resembling voluntary Hady (Hady al-Tatavvu'). This is also the view of the Ashab al-Ra'y.
Supporting text
A report from Ahmad states that one may not eat from Hady made as a vow (Nathr) or as compensation for hunting (Jaza' al-Sayd), but may eat from others. This is the view of Ibn Umar, 'Ata', Al-Hasan, and Ishaq, because Jaza' al-Sayd is a replacement, and the Nathr is dedicated to Allah, unlike others. Ibn Abi Musa additionally excludes expiation (Kaffarah) Hady. This aligns with the Madhhab of Malik, as these categories were not designated for the needy through naming, nor is feeding involved in the same manner, thus resembling voluntary offerings.