This shows that a person in ihrām may eat game hunted by someone who is not in ihrām, provided that it was not hunted for his sake (1). As for why its owner had not entered ihrām, perhaps he had not passed through Dhū al-Hulayfah; his case would then resemble that of Abū Qatādah in his account. This account also shows that a gift does not require the words “I give this as a gift”; rather, it is valid with any wording (2) that conveys that meaning. It also shows that meat may be divided with its bones by estimating the shares (3); that ownership of game is established by immobilizing it and depriving it of its ability to escape, and that it belongs to whoever immobilized it, not whoever took possession of it; that eating wild ass is lawful; that the division may be delegated; and that a single person may carry it out.
Section
He then continued until he reached al-Uthāyah, between al-Ruwaythah and al-‘Arj, where there was a gazelle lying curled up in the shade, with an arrow lodged in it. He instructed a man to stand guard over it so that no one would disturb it until he had passed (4).
The difference between the account of the gazelle and that of the wild ass is that the hunter of the wild ass was not in ihrām, so he did not prohibit eating it. In the case of the gazelle, however, it was not known that its hunter was outside ihrām, while they themselves were in ihrām; so he did not give permission