'In the name of Allah, the Most Gracious, the Most Merciful' His saying - glorified and exalted is He -: "O you who have believed, do not kill game while you are in the state of ihram. And whoever kills it intentionally among you, his penalty is a like [amount] of livestock that is judged by two just men among you as a sacrificial offering to Allah, or as expiation, [the equivalent of] feeding the poor, or [the equivalent of] fasting that is a [period of] three days. This is for him who has been negligent. And whoever returns [to violation], Allah will impose punishment upon him. And Allah is Exalted in Might and He is capable of punishment." The address is to all believers; and this prohibition is the trial that He informed of by His previous saying: "He will surely test you." And the game is a source treated like proper nouns, so it is applied to the hunted animal. The term 'game' here is general; and its meaning is specific; except for the animals that the Messenger of Allah - blessings and peace be upon him - permitted to kill in the sacred area. It has been established from him - blessings and peace be upon him - that he said: "Five harmful creatures may be killed in the sacred area: the crow, the kite, the mouse, the scorpion, and the vicious dog." Sufyan al-Thawri, al-Shafi'i, Ahmad ibn Hanbal, and Ishaq ibn Rahawaih stood with the apparent meaning of this hadith; and they did not permit the muhrim to kill anything except what has been mentioned. Malik - may Allah have mercy on him - analogized everything that attacks people and injures them to the vicious dog; and he saw it included in the wording. He said: The muhrim may kill the lion, the tiger, the leopard, the wolf, and all predatory beasts, beginning with them. As for the cat, the fox, and the hyena, the muhrim should not kill them; and if he kills them, he must offer expiation. The scholars of opinion said: If the predatory animal attacks the muhrim, he is allowed to kill it; but if the muhrim attacks it first, he must pay its value. Mujahid and al-Nakha'i said: The muhrim should not kill any of the predatory animals except what attacks him. Ibn Umar said: Whatever predatory animal comes upon you is permissible for you. As for the young of predatory animals before they are able to hunt, Malik said in 'Al-Mudawwana': It is not appropriate for the muhrim to kill them. Ashhab said in the book of 'Muhammad': If he does so, he must offer expiation. Ashhab and Ibn al-Qasim also said: There is no expiation upon him. It has been established from Umar ibn al-Khattab - may Allah be pleased with him - that he commanded the muhrim to kill snakes; and the people agreed on the permissibility of killing them. It has also been established from Umar - may Allah be pleased with him - the permissibility of killing the wasp, as it is in the ruling of the scorpion. Malik said: The killer must feed something; and likewise, Malik said regarding one who killed the louse, the fly, the ant, and similar creatures. The scholars of opinion said: There is nothing upon the killer of all of these. As for the predatory birds, Malik said: The muhrim should not kill them; and if he does, he must offer expiation. Ibn al-Qasim said in the book of 'Muhammad': I prefer that he not kill the crow and the kite until they harm him; but if he does so, there is nothing upon him. Al-Qadi Abu Muhammad - may Allah have mercy on him - said: And all poisonous creatures are in the ruling of the snake, such as the viper and the rattlesnake; and anything other than what we have mentioned is what Allah has prohibited killing in the sacred area, whether in the land or in the state, and He has mandated expiation upon whoever kills it.

(p-255) And 'hurum': the plural of 'haram'; it is that which enters into the sacred precinct; or into the state of ihram; and haram; it is said for the male; and the female; and the two; and the plural.

The scholars differed in the meaning of His saying: 'intentionally'; Mujahid, Ibn Jurayj, Al-Hasan, and Ibn Zayd said: Its meaning is: intentionally for his killing; forgetting his ihram; this is what expiates; and likewise pure error expiates; but if he kills him intentionally, remembering his ihram; this is greater and more severe than to expiate; and Mujahid said: He has become lawful; and there is no concession for him; and Ibn Jurayj said; and Al-Mahdawi and others narrated that his pilgrimage has become invalid; and Ibn Zayd said: This is left to the wrath of Allah. A group of scholars - among them Ibn Abbas, Ata, Sa'id ibn Jubayr, Al-Zuhri, Tawus, and others - said: The one who intends is the one who aims for the killing; remembering his ihram; and he expiates; and likewise the one who forgets and the one who kills by mistake both expiate; Al-Zuhri said: The Quran was revealed regarding intentional killing; and the Sunnah has established that killing by mistake both expiate; and some people said: The killer by mistake is not obligated to expiation.

Ibn Kathir, Nafi', Abu Amr, and Ibn Amir read: 'So the recompense of like what'; with the recompense added to 'like'; and 'like' in the genitive; and Hamzah, Al-Kisai, and Asim read: 'So the recompense'; in the nominative; 'like'; also in the nominative; as for the first reading; its meaning is: 'So upon him is a recompense like what he killed; that is, his obligation; and his compensation'; and the term 'like' here is as you say: 'I honor like you'; and you mean by your saying: 'I honor you'; and a similar example is His saying, the Exalted: 'Or is one who was dead, then We gave him life and made for him a light by which he walks among the people, like one whose example is in darkness?' [Al-An'am: 122]; the implication is: 'like one who is in darkness'.

Qadi Abu Muhammad - may Allah have mercy on him - said: His saying, the Exalted: 'So the recompense of like'; may mean: 'So upon him to recompense like what'; then the addition occurred to the like which is recompensed; broadly.

As for the second reading, its meaning is: 'So it is obligatory upon him'; or: 'So it is necessary for him a recompense like what'; and 'like' in this reading is an attribute for 'recompense'; that is: 'So the recompense is similar'.

And His saying, the Exalted: 'from the livestock'; is an attribute for 'recompense'; in both readings; and Abdullah ibn Mas'ud read: 'So his recompense is like what'; with the pronoun revealed; it is possible that it refers back to the hunted; (p-256) or to the hunter who killed; and Abu Abd al-Rahman read: 'So the recompense'; in the nominative; and with tanween; 'like what'; in the accusative; and Abu al-Fath said: 'like' is in the accusative by the recompense itself; that is: 'So upon him to recompense like what he killed.'

The scholars have differed regarding this analogy: how should it be? The majority have gone to the view that the two judges look at something similar to the killed animal in its appearance and size; and they make that from the livestock as its compensation. Al-Dahhak ibn Muzahim, Al-Suddi, and a group of the jurists said: for the ostrich, and the wild donkey, and similar to it, a camel; and for the ram, and similar to it, a cow; and for the deer, and similar to it, a ram; and for the rabbit and similar to it, a sheep; and for the jerboa, a small lamb; and whatever was from the locust, and similar to it, then it is a handful of food; and whatever was from the bird, its price is assessed in food; if he wishes, he may give it as charity; and if he wishes, he may fast for each sa' a day; and if he catches ostrich eggs, then the male is carried according to the number of what he caught from the female camels; whatever is born from them, he gifts it to the House; and whatever has spoiled from them, there is no liability upon him for it.

Qadi Abu Muhammad - may Allah have mercy on him - said: Umar - may Allah be pleased with him - judged against Qabisah ibn Jabir regarding the deer with a sheep; and he judged it along with Abdur-Rahman ibn Awf; Qabisah said: I said to him: O Commander of the Believers, his matter is easier than to call someone to judge with you; he said: So he struck me with a stick until I raced him in running; then he said: Did you kill the game while you were in a state of ihram and then you ignore the ruling? And this story is in

And the word 'na'am' refers to camels, cattle, and sheep when these types are gathered together. If each type is separate, it is not called 'na'am' except for camels alone. Al-Hasan read: 'min al-na'am' with the 'ayn being silent; this is a linguistic variation. The recompense is only required by killing the game, not by merely taking it, according to the wording of the verse. This is evident in the case of one who hunted a bird, plucked its feathers, and then kept it until its feathers grew back and it flew away. He said: there is no recompense upon him. The Quran limited this incident to two just rulings, knowledgeable of the ruling of the incident and its estimation. Umar and Abdur-Rahman ibn Awf - may Allah be pleased with them - judged, and they ordered Abu Jareer al-Bajali to bring two just men to judge him regarding a goat from the deer he had caught. He said: So I went to Abdur-Rahman and Sa'd, and they judged me a male goat that was unblemished. Ibn Umar called Ibn Safwan to judge with him regarding the recompense, and this is the opinion of the majority of the people and the jurists of the cities.

Ibn Wahb - may Allah have mercy on him - said in 'Al-Utbiya': It is from the Sunnah that the two judges give the one who caught the game a choice, as Allah has given him, to bring a sacrificial offering to the Kaaba, or a expiation, food for the needy, or the equivalent of that in fasting. If he chooses the sacrificial offering, they judge him with what they see as equivalent to what he caught, between them and that it should be equivalent to a sheep, as it is the least of the sacrificial offerings. If it does not reach the value of a sheep, they judge it with food. Then he is given the choice to either feed them or fast for each mud a day. Likewise, Malik said in 'Al-Mudawwana': If the one who caught it wants to feed or fast, even if there is something similar to what he caught from the livestock, then his game is valued in food, not in dirhams. He said: And if they valued it in dirhams and food was bought with it, I would hope that it would be sufficient. The first is more correct. If he wishes, he can feed them; otherwise, he fasts for each mud a day, even if that extends beyond two months or three.

Yahya ibn Umar, one of our companions, said: It is said: How many men can be satisfied from this game? Then the number is known. Then it is said: How much food satisfies this number? If he wishes, he can provide that food; and if he wishes, he can fast the equivalent of that number of muds.

Qadi Abu Muhammad - may Allah have mercy on him - said: This is a good saying; he has taken precautions in it, for the value of the game may be little in terms of food. By this consideration, the food increases. And among the scholars, there are those who see that fasting for the recompense should not exceed two months, as they said: because it is the highest of the expiations in fasting.

And His saying, the Exalted: 'A sacrificial offering to the Kaaba' necessitates that this offering be specified until it reaches there. The Kaaba is mentioned because it is the mother of the sanctuary and the head of the sacredness. The entire sanctuary is a place for this offering to be sacrificed. What is stopped at Arafat from this recompense is sacrificed at Mina; and what is not stopped at it is sacrificed in Mecca and in other parts of the sanctuary, provided that he enters from the sacred area. It must be ensured that there is a combination of sacred and permissible areas until it reaches the Kaaba.

And 'Abdur-Rahman al-A'raj read: "A sacrificial offering reaching the Kaaba"; with a kasra on the dal; and a shadda on the yaa.

And "a sacrificial offering" is in the accusative as a state of the pronoun in "by it"; and it is said: it is on the source; and "reaching"; is an indefinite noun in reality; the addition did not remove its commonality; so its estimation is: "reaching the Kaaba"; its tanween was omitted for ease.

And Ibn Kathir; and 'Asim; and Abu 'Amr; and Hamzah; and al-Kisai read: "Or a compensation"; with tanween; "the food of the poor"; with "food" in the nominative; and its addition to the plural of the poor; and Nafi' and Ibn 'Amir read with "the compensation" in the nominative; without tanween; and "the food" in the genitive; on the addition; and "the poor"; in the plural; Abu Ali said: The grammatical case of "food" in the reading of those who raised it; is that it is an appositive; because food is the compensation; and he did not add the compensation because it is not for food; rather it is for killing the game.

Qadi Abu Muhammad - may Allah have mercy on him - said: And all this speech is based on the fact that the compensation is food; and there is a consideration in this; because the compensation is the covering of the sin by giving food; so the compensation is different from food; but it is with it; so it is directed in raising food as a pure substitute; and the reading of those who added the compensation to food is directed as a specification; since the compensation for this killing may be a compensation of a sacrificial offering; or a compensation of food; or a compensation of fasting.

And al-A'raj; and 'Isa ibn 'Umar read: "Or a compensation"; with raising; and the tanween; "food"; with raising without tanween; "a poor person"; in the singular; and it is a name of a genus.

And Malik - may Allah have mercy on him - and a group of scholars said: The killer has a choice in the three ranks; even if he is wealthy; and this for them is the implication of "or"; and Ibn 'Abbas; and a group said: The one who expiates does not transfer from the sacrificial offering to food except if he does not find a sacrificial offering; and likewise he does not fast except if he does not find what to feed; and this was said by Ibrahim al-Nakha'i; and Hammād ibn Abi Sulayman; they said: And the meaning is: Or a compensation of food if he does not find the sacrificial offering.

And Malik - may Allah have mercy on him - and a group with him; see that the equivalent is the killed game; it is evaluated with food; as previously mentioned; and the people of Iraq said: The compensation is evaluated as food; so whoever kills a deer, the deer is evaluated; according to Malik; and its equivalent is from the rams; or otherwise; according to Abu Hanifa and others. And al-Tabari narrated from Ibn 'Abbas - may Allah be pleased with both of them - that he said: If the muhrim catches the game, his compensation is judged from the livestock; if he finds his compensation, he slaughters it and gives charity with it; and if he does not find, the compensation is evaluated in dirhams; then the dirhams are evaluated in wheat; then he fasts for each half sa' a day; he said: And the mention of food is intended to clarify the matter of fasting; and whoever finds food, he indeed finds a compensation; and he also narrated it from al-Suddi.

Qadi Abu Muhammad - may Allah have mercy on him - said: And this saying is objected to by the apparent wording of the verse; for it contradicts it; and the sacrificial offering can only be in the sacred place; as we mentioned before.

And the people differed regarding the food. A group of scholars said: The feeding and fasting are wherever the expiator wishes from the lands. And 'Ata ibn Abi Rabah and others said: The sacrifice and feeding are in Mecca; and fasting is wherever you wish.

And His saying, the Exalted: ﴿Or an equivalent of that in fasting﴾; the majority read it with a فتح (fatḥ) on the عَيْن (ʿayn); and its meaning is: the equivalent of a thing by which it is measured and the moral quantity. Ibn Abbas, Talhah ibn Musarif, and Al-Jahdari read: "Or an equivalent" with a كسر (kasr) on the عَيْن (ʿayn); Abu Amr al-Dani said: It was narrated by Ibn Abbas - may Allah be pleased with them - from the Prophet - blessings and peace be upon him.

And some people said: "The equivalent" - with a فتح (fatḥ) - is the measure of a thing from a different kind; and "its equivalent" - with a كسر (kasr) - is its measure from its kind. This was attributed by Makki to Al-Kisai; and it is an error. The correct view from Al-Kisai is that they are two languages for the same meaning; and this attribution is an objectionable statement. The intent of the one who said it is that "the equivalent" - with a كسر (kasr) - is the measure of a thing in comparison to the truth, like the two equivalents of a camel; and "its equivalent": its measure from another thing, in a moral comparison, as it is said regarding the price of a horse: This is its equivalent in gold; and the كسر (kasr) of the عَيْن (ʿayn) is not to be directed here according to what I have memorized.

And the reference in "that"; in His saying: "Or an equivalent of that"; it is possible that it refers to the food; and on this basis, the statement of those scholars who said: The days that are fasted are according to the number of the measures or the weights or their halves, according to the disagreement that I have mentioned regarding that. And it is certain that the reference in "that" is to the hunted game; and on this basis, the statement of those scholars who said: The fasting in the killing of the game is according to the measure of the killed. And Ibn Abbas - may Allah be pleased with him - said: If the muhrim kills a deer, then upon him is a sheep to be slaughtered in Mecca; and if he does not find it, then feeding six needy people; and if he does not find it, then fasting three days. And if he kills a wild goat, then upon him is a cow; and if he does not find it, then feeding twenty needy people; and if he does not find it, then fasting twenty days. And if he kills an ostrich or a wild donkey, then upon him is a camel; and if he does not find it, then feeding thirty needy people; and if he does not find it, then fasting thirty days.

Qadi Abu Muhammad - may Allah have mercy on him - said: And there has already been a statement from Ibn Abbas - may Allah be pleased with them - different from this mentioned earlier; which Al-Tabari has narrated from him in two chains; and it is not denied that he may have two statements regarding the form of expiation.

And Said ibn Jubair - in explaining His saying, the Exalted: ﴿Or an equivalent of that in fasting﴾ - said: He fasts three days; up to ten.

And His saying, exalted is He: ﴿Let him taste the consequence of his affair﴾; the tasting here is metaphorical; as He, exalted is He, said: ﴿Taste, indeed you are the Mighty, the Honorable﴾ [Ad-Dukhan: 49]; and as He said: ﴿So Allah made it taste them the garment of hunger﴾ [An-Nahl: 112]; and as Abu (p-261) Sufyan said: "Taste the consequence"; and the reality of tasting is indeed in the sense of the tongue; and in all of this, it is metaphorical regarding what is experienced by the self; and the consequence is the bad end; and the bad pasture is that which causes harm after eating it; and He expressed by "his affair" about all of his state; from killing; and expiation; and judgment upon him; and the passing of his wealth; or his effort in fasting.

And the interpreters differed in the meaning of His saying, exalted is He: ﴿Allah has forgiven what has passed﴾; so 'Ata ibn Abi Rabah and a group with him said: Its meaning is: "Allah has forgiven what has passed in your ignorance; from your killing of game in the sacred area; and whoever returns now in Islam; if he is one who considers it permissible; then Allah will take revenge on him in the Hereafter; and he will be expiated in the apparent ruling; and if he is disobedient, then the punishment is only in obligating the expiation"; they said: And whenever the muhrim returns, he is expiated.

Qadi Abu Muhammad - may Allah have mercy on him - said: And the scrupulous fear that the punishment remains along with the expiation; and this is the saying of the jurists; Malik and his likes; and his companions - may Allah have mercy on them -; and Ibn Abbas - may Allah be pleased with him - said: The muhrim, if he kills repeatedly while forgetting his ihram; then he expiates each time; but as for the deliberate one who knows his ihram; then he expiates the first time; and Allah has forgiven his sin along with the expiation; and if he returns a second time, then he is not judged upon; and it is said to him: Allah will take revenge on you; as Allah said; and this saying was held by Shuraih the judge; and Ibrahim An-Nakha'i; and Mujahid. And Said ibn Jubair said: It was permitted to kill game once; and whoever returns, Allah will not leave him until He takes revenge on him.

Qadi Abu Muhammad - may Allah have mercy on him - said: And this saying of him - may Allah be pleased with him - is a warning by the verse; and he - along with that - sees that he should be judged upon in the return; and he should expiate; but he feared - along with that - the remaining punishment.

(p-262) And Ibn Zayd said: The meaning of the verse: ﴿Allah has forgiven what has passed﴾; is for you, O believers, from killing game before this prohibition; and the sanctity; he said: And as for whoever returns and kills game while knowing the sanctity deliberately for the killing; then this one is not judged upon; and he is entrusted to the punishment of Allah; and the meaning of his saying: ﴿"Deliberately"﴾ at the beginning of the verse is: deliberately for the killing; forgetting the sanctity.

Qadi Abu Muhammad - may Allah have mercy on him - said: And this section has been previously mentioned.

And At-Tabari said: And a group said: This verse is specific to a certain individual; and it was reported from Zayd ibn Al-Mu'allah that a man caught game while he was in ihram, so it was permitted for him; then he returned; and Allah sent upon him fire that burned him; and that is His saying, exalted is He: ﴿And whoever returns, Allah will take revenge on him﴾.

And His saying, exalted is He: "And Allah is Exalted in Might, Owner of Retribution"; is a reminder of two attributes. It necessitates the fear of the one who has insight. And whoever fears is deterred. From this meaning is the saying of the Prophet - blessings and peace be upon him -: "Whoever fears, sets out at night; and whoever sets out at night reaches the destination."