Fath al-Rabbani

Benefits: … The command of Allah, the Exalted, is: {یَا اَیُّھَا الَّذِیْنَ آمَنُوْا لَاتَقْتُلُوْا الصَّیْدَ وَ اَنْتُمْ حُرُمٌ وَمَنْ قَتَلَہٗمِنْکُمْمُّّتَعَمِّدًافَجَزَآئٌمِّثْلُمَاقَتَلَمِنَالنَّعَمِیَحْکُمُ بِہٖذَوَاعَدْلٍمِّنْکُمْھَدْیًا بَالِغَ الْکَعْبَۃِ اَوْ کَفَّارَۃٌ طَعَامُ مَسٰکِیْنَ اَوْ عَدْلُ ذَالِکَ صِیَامًا لِّیَذُوْقَ وَبَالَ اَمْرِہٖ} … “O you who believe! Do not kill (wild) game while you are in the state of ihram (ritual consecration), and whoever among you kills it intentionally, then the penalty is an offering, equivalent to the animal he has killed, as judged by two just men among you, to be brought as an offering to the Ka‘bah, or as an expiation, feeding the poor, or its equivalent in fasting, so that he may taste the consequence of his deed.” (Surah al-Ma’idah: 95)

Sayyiduna Jabir ibn Abdullah radi Allahu anhu says: I asked the Messenger of Allah sallallahu alayhi wa sallam about the “dab‘” (hyena), and he sallallahu alayhi wa sallam said: ((It is game, and if a muhrim (person in ihram) hunts it, then a ram is to be given as its penalty.)) (Abu Dawud: 3801, Tirmidhi: 851, Nasa’i: 2836, Ibn Majah: 3085) “Dab‘” is called “kaftar” in Persian; it is the animal that digs up fresh graves, because it is very fond of eating human flesh. It would be better to consult an illustrated dictionary for its picture. In the noble verse, the “equivalent animal” refers to equivalence in creation, i.e., in stature and form, not in price. For example, if a deer is killed, its equivalent is a goat; for a nilgai, its equivalent is a cow, etc. Such a substitute animal should be taken to the Haram, slaughtered there, and its meat distributed among the poor of that area. However, if an equivalent animal cannot be found, then its price will be taken as the penalty and sent to Makkah, and with that, grain will be purchased and distributed among the poor of Makkah. Here, “Ka‘bah” and “Makkah” mean the Haram (sanctuary). Feeding the poor or fasting an equivalent number of days—acting upon either of these is permissible. According to the number of the killed animal, there will be an increase or decrease in the amount of food or fasting days. For example, if a muhrim kills a deer, its equivalent is a goat; this penalty will be slaughtered in the Haram of Makkah. If this is not available, then according to one narration from Sayyiduna Ibn Abbas radi Allahu anhu, six poor people should be fed or three days of fasting should be observed. If he killed a barasingha (swamp deer), sambhar, or a similar animal, its equivalent is a cow; if this is not available or he cannot afford it, then twenty poor people should be fed or twenty days of fasting should be observed. Or if he killed such an animal (like an ostrich or wild ass), whose equivalent is a camel, then in case of its unavailability, thirty poor people should be fed or thirty days of fasting should be observed. (Ibn Kathir)

It has already been mentioned in hadith number (4273) that when Sayyiduna Ka‘b ibn ‘Ujrah shaved his head while in the state of ihram, the expiation that the Prophet sallallahu alayhi wa sallam prescribed for him was as follows: he should fast three days, or feed six poor people three sa‘ (a measure) of food, or slaughter a goat. From this hadith, there is an indication that for each sa‘, there is one fast. And Allah knows best what is correct.

Permissibility of eating sea game absolutely for the muhrim and others, and what has come regarding locusts, and the statement of Allah, the Mighty and Majestic:
{اُحِلَّ لَکُمْ صَیْدُ الْبَحْرِ وَطَعَامُہٗمَتَاعًالَّکُمْوَلِلسَّیَّارَۃِ}
The absolute permissibility for both the muhrim and non-muhrim to eat sea game, and the ruling regarding locusts, and the statement of Allah, the Exalted:
{اُحِلَّ لَکُمْ صَیْدُ الْبَحْرِ وَطَعَامُہٗمَتَاعًالَّکُمْوَلِلسَّیَّارَۃِ}