Is game slaughtered by an Ihram-bound person under necessity considered carrion (Maytah)?

General Chapter

Al-Mughni

Book of Hunting and Slaughter

Book 56 · Issue 3 · Bab 1

Open in Qurani

Primary text

The game slaughtered by an Ihram-bound person due to necessity is not considered carrion. If one is permitted by the Lawgiver to slaughter it, it does not become carrion. This is confirmed because if the person slaughters it in necessity where carrion is unavailable, the slaughtered animal is considered properly slaughtered (Dhakiyyin) and pure, neither impure nor carrion. Furthermore, slaughtering it becomes obligatory upon him, and the conditions of proper slaughter (Dhakah) must be met, which would not be required if it were merely carrion.

Supporting text

A view suggests that hunting involves three prohibitions: prohibiting its killing, prohibiting its consumption, and the prohibition of carrion, since game slaughtered by an Ihram-bound person becomes carrion, thus equaling carrion while adding the prohibition of killing and eating. However, this is countered by the fact that the Lawgiver's permission to slaughter it means it is not carrion.