What may an Ihram-bound person eat if they find both carrion (Maytah) and hunted game (Sayd)?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
The person in Ihram must eat the carrion. This opinion is held by Al-Hasan, Malik, Abu Hanifa, and his companions. The evidence for this is that the permission to eat carrion is explicitly stated (Mansus 'alayha).
Supporting text
Al-Shafi'i, in one of his two opinions, holds that the person should eat the hunted game and ransom the game (by feeding charity), a view shared by Al-Sha'bi. This is because necessity permits it, but when the game is available, the carrion is not permissible due to being self-sufficient without it. The counter-argument is that the permission for hunting is based on Ijtihad (juridical reasoning), while the permission for carrion is explicit, and the explicit ruling takes precedence.