Is it permissible to benefit from a branch cut by a human?

Chapter on What the Muhrim Must Avoid and What is Permissible for Him

Al-Mughni

Book of Hajj

Book 11 · Issue 2 · Bab 3

Open in Qurani

Primary text

Regarding a branch that a human cuts, Ahmad stated he had not heard a ruling on whether one can benefit from it after it has been cut. One opinion likens it to hunting by a pilgrim in the Haram (sanctuary), suggesting that because the cutter is prohibited from causing destruction due to the sanctity of the Haram, they cannot benefit from what they cut, similar to how a Muhram (pilgrim in ihram) cannot benefit from game they slaughter.

Supporting text

An alternative view suggests that it is permissible for someone other than the cutter to benefit from the fallen branch because it detached without their action. This is contrasted with game slaughtered by a pilgrim, because proper slaughter (*dhakah*) requires specific qualification (*ahliyyah*), which an animal lacks, unlike the detachment of the branch.