Differences among the jurists
The scholars disagreed over whether a muḥrim may eat game that has been hunted for him.
Abū Ḥanīfah, ʿAṭāʾ, Mujāhid, and Saʿīd ibn Jubayr maintained that a muḥrim may eat any game taken by someone who is not in iḥrām, whether the animal was caught specifically for him or not. This view is likewise transmitted from a number of Companions, among them ʿUmar ibn al-Khaṭṭāb, al-Zubayr, and Abū Hurayrah. Their proof is the ḥadith of Abū Qatādah cited in this chapter: the Prophet ﷺ ate from that animal, approved of Abū Qatādah’s companions eating it before they reached him, and even instructed them to partake of it.
A second group held that the flesh of game is absolutely forbidden to the muḥrim, whether or not it was hunted on his behalf. Among those who voiced this opinion are ʿAlī ibn Abī Ṭālib, Ibn ʿAbbās, Ibn ʿUmar, and—according to reports—Ṭāwūs and Sufyān al-Thawrī. Their evidence is the general wording of the verse, “Land game is forbidden to you while you are in a state of iḥrām” (Q 5:96), together with the ḥadith of Ṣaʿb ibn Jathāmah now under discussion, in which the Prophet ﷺ declined the gift for no reason other than that he was in iḥrām.
The majority of scholars—including the imams Mālik, al-Shāfiʿī, Aḥmad, Isḥāq, and Abū Thawr—took a middle position. Game hunted by a non-muḥrim specifically for a muḥrim is unlawful for the latter, whereas game not hunted for him is lawful. This detailed ruling is authentically reported from ʿUthmān ibn ʿAffān. In adopting it the jurists reconciled the ḥadith of Abū Qatādah with the ḥadith of Ṣaʿb ibn Jathāmah, for both are sound and cannot be dismissed.
Supporting this view is the report recorded by Imām Aḥmad, Abū Dāwūd, al-Tirmidhī, and al-Nasāʾī from Jābir ibn ʿAbd Allāh, in which the Messenger of Allah ﷺ said: “The game of the land is lawful for you while you are in iḥrām, provided that you neither hunt it yourselves nor have it hunted for you.” Thus the proofs are harmonized, and harmonizing sound evidence is better than setting any of it aside. This reconciliation is straightforward, free of contrivance or forced interpretation.