(73) Chapter: Good Conduct

Sa'b bin Jaththamah (May Allah be pleased with him) reported:
I presented a wild ass to Messenger of Allah (ﷺ) as a gift but he returned it to me. When he perceived signs of despair on my face, he said, "I have declined to accept it because I am in the state of Ihram."

[Al-Bukhari and Muslim].

Commentary: As, in the state of Ihram, hunting is not allowed to a pilgrim; similarly, the meat of the game, killed on his suggestion or instruction, is forbidden to him, too. For this reason, Messenger of Allah (PBUH) sent back the gift of the wild ass to his Companion. The Hadith further illustrates that if the recipient has any valid excuse for not accepting a gift, he should explain it so that the sender may not feel dejected. It may be mentioned here that some Ahadith allow us to eat the meat of a game killed by others, whereas this Hadith shows it is not permissible. The orthodox `Ulama', however, have attempted to reconcile the two seemingly incompatible sets of Ahadith with each other. According to the first category of Ahadith, a man, not in the state of Ihram who kills a chase and gives a portion of it as a gift to someone who is in Ihram, the gift will be permissible to the latter. As for the second category of Ahadith, the former kills a game for the latter, or on his suggestion, the man in the state of Ihram will be barred from eating it (as mentioned in Fath Al-Bari). Similarly, it will not be lawful if the game is sent alive to the man in the state of Ihram with this intention that he should himself sacrifice it. The Hadith under discussion depicts this very situation. Imam Bukhari, as we know, has consequently adduced from this Hadith that if an unkilled game, like the wild donkey, is sent as a gift to a man in the state of Ihram, he should not accept it.