A Report on the issues of Hajj
By Sheikh Khalid Bin Abd Al Aziz Al Hueiseen
Compiled by: Abu Mujahed Al Maziani
Rulings regarding pigeons living in Haram (Kaba)
1- Killing the pigeon that lives in the Haram (kaba) is not permissible for either one in Ehram or not. One who kills it must make a ransom.
2- The amount of the ransom is to slaughter a lamb regardless of the small size of the pigeon. This is for two reasons:
3- The companions may Allah be pleased with them ruled one who kills a pigeon of the Haram to slaughter one lamb. This makes enough evidence (daleel).
4- Also because both the pigeon and lamb drink the same material.
5- Also a ransom of one lamb is required for the killing of a little pigeon since the rule of the original applies on the little birds.
6- Half the ransom must be paid by one who participated with another in killing one pigeon. The rule then stretches to apply accordingly, such as if 3 people participated and so forth.
7- It is not permissible to draw away the pigeon of Haram from its place by virtue of hadeeth of the Messenger Salla Allah a`lyhee wa sallam “It is not to be pushed away” an authentic hadeeth. However, no ransom is required in case one drew it off its place.
8- But if she died after been pushed away, them a ransom must be made.
9- Also no ransom is required if she was pushed away and flew and landed in a safe place, then flew again and was hit to die.
10- Egg of the pigeon of Haram must not be destroyed other wise a ransom is required.
11- No ransom is required if the pigeon is accidentally hit by a car or other means of transportation.
12- In case one comes to Haram during a peak time with much crowd, didn’t find a place to sit except where the pigeon is gathering, he/she may kindly push the pigeon away to sit. Other wise if not obliged he/she may find another spot to sit.
13- in case your house is located outside the Haram area, it is permissible for you to push the pigeon away off your house and garden and also to catch it. But when the house is within the boundaries of Haram, your only allowed to kindly push it away. You may also use the necessary measures that prevent it to access your place.
14- The guardian of a child in Ehram is responsible to pay a ransom in case the child cause the death of a pigeon. Other wise if the child was not in Ehram and has his/her own money, the ransom is paid from his/her money specially if he/she was an orphan. But based on the rule saying that three are not responsible for their deeds including the small child stands as an evidence that a ransom is not required.