What is the ruling on creatures that live both on land and in water, such as turtles and crabs, for a person in Ihram?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
Creatures such as turtles and crabs, which live on land but spend time in water, are considered sea creatures because they lay eggs and hatch in the water, assimilating them to fish. This view is held by some scholars, contrasting with the opinion that they are like water birds.
Supporting text
The view of the majority of scholars is that water birds, such as ducks, are considered game of the land, and thus hunting them in Ihram necessitates expiation (Jaza). Furthermore, some scholars, like 'Ata, held that the ruling depends on where the creature spends most of its time. However, the position that they are land animals because they lay and hatch on land, like other birds, is preferable.