Surah Al-Maaida (5) — Ayah 95

(Ayah 95)➊ {يٰۤاَيُّهَا الَّذِيْنَ اٰمَنُوْا لَا تَقْتُلُوا الصَّيْدَ وَ اَنْتُمْ حُرُمٌ :} A person in the state of ihram (muhrim) should neither hunt nor assist in hunting in any way. He said: «وَ لَا تَعَاوَنُوْا عَلَى الْاِثْمِ وَ الْعُدْوَانِ » [ المائدۃ : ۲ ] “And do not help one another in sin and transgression.” However, the Messenger of Allah (peace and blessings be upon him) said: “There are five wicked animals that may be killed even in the Haram: the rat, the scorpion, the kite, the crow, and the biting dog.” [بخاری، بدء الخلق، باب إذا وقع الذباب أحدکم… : ۳۳۱۴ ]
The scholars have derived permission to kill snakes, wolves, leopards, and lions, etc., due to their inclusion among the fawasiq, i.e., animals that cause unnecessary harm, as mentioned in {’’اَلْكَلْبُ الْعَقُوْرُ‘‘}.
➋ {وَ مَنْ قَتَلَهٗ مِنْكُمْ مُّتَعَمِّدًا … :} That is, in the state of ihram, for whatever game is killed, he must give a ransom of its “like.” By “like” is meant an animal similar in body, stature, and appearance, such as a goat in place of a gazelle.
➌ {يَحْكُمُ بِهٖ ذَوَا عَدْلٍ مِّنْكُمْ …:} That is, two just Muslims should decide together which animal could be considered similar to the hunted animal.
➍ {هَدْيًۢا بٰلِغَ الْكَعْبَةِ:} That is, the animal should be taken to Makkah al-Mukarramah and slaughtered there, and its meat distributed among the needy there; there is no difference of opinion about this.
➎ {اَوْ كَفَّارَةٌ طَعَامُ مَسٰكِيْنَ …:} In this verse, {’’ اَوْ ‘‘} is for choice, meaning the one who hunted has the option to pay any one of these three expiations: to sacrifice an animal similar to the hunted one at the Ka‘bah, i.e., in the Haram, or to distribute grain equal in value to the similar animal as expiation among the needy, or to fast an equivalent number of days. In Qamus and other lexicons, the definition of {’’مُد‘‘} is that if a man of average height spreads both palms and lifts something, that is one mudd. The author of Qamus says, “I have tested it and found it correct.” A sa‘ is four mudds. You can test it yourself; in one mudd, wheat does not exceed half a kilo, and obviously, the weight of other grains will differ. That is, for every two mudds of grain (i.e., one kilo), one fast should be observed. As mentioned in Surah al-Baqarah, verse (196), in the narration of Ka‘b ibn ‘Ujrah (may Allah be pleased with him), which is found in Sahih Bukhari (4517, 4191, 5916).
➏ {عَفَا اللّٰهُ عَمَّا سَلَفَ:} That is, whatever hunting you did in the state of ihram during the time of ignorance or before this ruling came, Allah Almighty has forgiven it; now it is not necessary to give compensation for it.

95. 1 Imam Shafi'i has taken this to mean only the killing of those animals which are ma'kul al-lahm, i.e., those that are used for food. The killing of other harmful animals he considers permissible. But according to most scholars, there is no distinction in this regard. However, the killing of those harmful animals is permissible which are mentioned in the ahadith, and they are five: crow, kite, scorpion, rat, and rabid dog (Sahih Muslim). Hazrat Nafi' was asked about the snake, so he said there is no difference of opinion regarding its killing. (Ibn Kathir) And Imam Ahmad, Imam Malik, and other scholars have included wolf, predatory animals, leopard, and lion in kalb 'aqur and have permitted their killing in the state of ihram as well. (Ibn Kathir)

95. 2 From the words "deliberately," some scholars have deduced that if one kills unintentionally, meaning by mistake, then there is no fidyah for him. But according to most scholars, even if it is killed by mistake or forgetfulness, fidyah will be obligatory. The restriction of مُتَعَمِّدًا is according to the predominant situation, not as a condition.

95. 3 By "equal animal" (or such an animal), it is meant to be equal in creation, stature, and build, not in price. For example, if a deer is killed, its equal in form is a goat; for a nilgai, its equal is a cow, etc. However, if an equal animal cannot be found, then its price will be taken as fidyah and sent to Makkah.

95. 4 That the equal (matching) animal of the killed animal is such-and-such, and if it is non-matching or an equal is not available, then its price is such-and-such. With this price, grain will be bought and distributed among the needy of Makkah, one mudd per needy person. According to the Hanafis, it is two mudds per needy person.

95. 5 This fidyah, whether it is an animal or its price, will be delivered to the Ka'bah, and by Ka'bah is meant the Haram. (Fath al-Qadir) That is, its distribution will be among the needy residing within the boundaries of the Haram of Makkah.

95. 6 And "or" is for choice. That is, the expiation can be feeding the needy or fasting an equivalent number of days. It is permissible to act on either of the two. According to the killed animal, just as there will be increase or decrease in food, there will also be increase or decrease in fasting. For example, if the muhrim (one in ihram) has killed a deer, its equal is a goat, this fidyah will be slaughtered in the Haram of Makkah; if this is not available, then according to one saying of Ibn Abbas, food for six needy persons or three days of fasting will be required. If a barasingha or a similar animal is killed, its equal is a cow; if this is not available or one does not have the means, then food for thirty needy persons or thirty days of fasting will be required. (Ibn Kathir)

95. O you who believe! Do not hunt while you are in the state of ihram. And whoever deliberately kills game, the penalty is an animal of equivalent value to the one killed [142], as judged by two just men among you, to be brought as an offering to the Ka‘bah, or as an expiation, feeding the needy, or its equivalent in fasting, so that he may taste the consequence of his deed. Allah has pardoned what is past, but whoever repeats it, Allah will take retribution from him. And Allah [142.1] is Mighty, capable of retribution.

[142]
The Expiation for Hunting:

That is, two reliable and just-minded individuals will decide which animal, from the same species and of equal value, should be given in exchange for the hunted animal. This animal will be taken to the Ka'bah and slaughtered there, and the one offering the expiation cannot eat anything from it himself. If such an animal is not available, then two just individuals will decide what the value of the hunted animal is; grain of that value should be taken and either fed to the needy or distributed among them. Also, it will depend on their decision as to how many needy people can be fed with that amount of grain, which determines the number of fasts. The one who hunted intentionally will also fast the same number of days as expiation.

As for the matter of someone hunting by mistake or if his arrow accidentally hits the prey, is expiation also required in this case? Some jurists do not differentiate between accidental and intentional killing, but from the word "intentionally" in the verse, it appears that expiation should not be required for accidental killing. Similarly, there is a difference of opinion as to whether expiation is required if the hunted animal is not killed but only wounded. Apparently, from the verse, expiation is only for the case of killing; however, some jurists are of the opinion that expiation is also required in proportion to the wound, because the act was done intentionally. Another difference of opinion is whether those who point towards the prey or assist in the act are also liable for expiation, because the Sunnah also commands abstaining from such acts. And from the aforementioned hadith of Abu Qatadah, it appears that expiation should also be required from them.

However, there are five animals that can be killed even in the state of Ihram and within the Haram. Thus, Abdullah bin Umar ؓ narrates from Sayyidah Hafsah Umm al-Mu'mineen ؓ that the Messenger of Allah ﷺ said: There are five animals whose killing carries no blame: the crow, the kite, the rat, the scorpion, and the biting dog. [بخاري۔ ابو اب العمرة۔ باب مايقتل المحرم من الدواب]
[142۔1] That is, whoever does not comply with Allah's command or does not honor His symbols, Allah will afflict him with various earthly and heavenly calamities. And for such people, the punishment of the Hereafter is, in any case, certain.