Question:
Outside of my house, we built a gazebo for us to rest in the evenings. However, now there are birds that build their nests on the fan in the gazebo.
What is the ruling of me removing and throwing the birds’ nests?
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Islam is a religion that emphasizes on love and compassion towards all creations. This love transcends not only to people of different religions and animals but includes everything on this earth. This is stated in the Quran:
وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِّلْعَالَمِينَ
And We have not sent you, [O Muhammad], except as a mercy to the worlds.
Surah al-Anbiya’ (107)
The same is stated in numerous hadiths which showcase the character of the Prophet PBUH towards animals. Among them is a narration from Ibn Mas’ud RA:
كُنَّا مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم فِي سَفَرٍ فَانْطَلَقَ لِحَاجَتِهِ فَرَأَيْنَا حُمَّرَةً مَعَهَا فَرْخَانِ فَأَخَذْنَا فَرْخَيْهَا فَجَاءَتِ الْحُمَّرَةُ فَجَعَلَتْ تَفْرُشُ فَجَاءَ النَّبِيُّ صلى الله عليه وسلم فَقَالَ " مَنْ فَجَعَ هَذِهِ بِوَلَدِهَا رُدُّوا وَلَدَهَا إِلَيْهَا ". وَرَأَى قَرْيَةَ نَمْلٍ قَدْ حَرَّقْنَاهَا فَقَالَ " مَنْ حَرَّقَ هَذِهِ ". قُلْنَا نَحْنُ . قَالَ " إِنَّهُ لاَ يَنْبَغِي أَنْ يُعَذِّبَ بِالنَّارِ إِلاَّ رَبُّ النَّارِ " .
“When we were on a journey with the Messenger of Allah (ﷺ) and he had gone to relieve himself, we saw a Hummarah (bird) with two young ones. We took the young ones. The Hummarah came and began to spread out its wings. Then the prophet (May peace be upon him) came and said: Who has pained this young by the loss of her young? Give her young ones back to her. He also saw an ant-hill which we had burned. He asked? Who has burned this? We replied: We have. He said: It is not fitting that anyone but the lord of the fire should punish with fire.”
Sunan Abu Daud (2675)
Furthermore, the Prophet PBUH also recount a story of a man who showed compassion towards animal, the Prophet PBUH said:
بَيْنَمَا رَجُلٌ يَمْشِي بِطَرِيقٍ اشْتَدَّ عَلَيْهِ الْعَطَشُ، فَوَجَدَ بِئْرًا فَنَزَلَ فِيهَا فَشَرِبَ ثُمَّ خَرَجَ، فَإِذَا كَلْبٌ يَلْهَثُ يَأْكُلُ الثَّرَى مِنَ الْعَطَشِ فَقَالَ الرَّجُلُ لَقَدْ بَلَغَ هَذَا الْكَلْبَ مِنَ الْعَطَشِ مِثْلُ الَّذِي كَانَ بَلَغَ بِي، فَنَزَلَ الْبِئْرَ فَمَلأَ خُفَّهُ، ثُمَّ أَمْسَكَهُ بِفِيهِ، فَسَقَى الْكَلْبَ، فَشَكَرَ اللَّهُ لَهُ فَغَفَرَ لَهُ
"While a man was walking on a road. he became very thirsty. Then he came across a well, got down into it, drank (of its water) and then came out. Meanwhile he saw a dog panting and licking mud because of excessive thirst. The man said to himself "This dog is suffering from the same state of thirst as I did." So, he went down the well (again) and filled his shoe (with water) and held it in his mouth and watered the dog. Allah thanked him for that deed and forgave him."
Sahih al-Bukhari (6009)
It is clear that compassion towards animals is important in Islam that the issue of dogs being classified as a major najis is separated from being kind towards the animal. This also shows the blessings and love of the Prophet PBUH for animals, where there are hadiths that rebuke people who mistreated animals, as stated in a famous hadith regarding a woman who was cruel towards a cat. Narrated by Abdullah Ibn Umar R.Anhuma:
عُذِّبَتِ امْرَأَةٌ فِي هِرَّةٍ حَبَسَتْهَا، حَتَّى مَاتَتْ جُوعًا، فَدَخَلَتْ فِيهَا النَّارَ
"A woman was tortured and was put in Hell because of a cat which she had kept locked till it died of hunger."
Sahih al-Bukhari (2365) and Sahih Muslim (2242)
Conclusion
According to the above evidences, we would like to emphasize that love and compassion towards animal is sanctioned in Islam. While being cruel and mistreating them is prohibited and sinful.
Hence, in answering the above question, the bird’s nest should be moved to other high places as a sign of our compassion and fearing that throwing it away is considered as an act of cruelty towards them.
May Allah SWT bless us with guidance to understand and practise His religion. Amin.