and the supporters of [the school of] ra’y (opinion). Al-Zuhri said: The penalty for the intentional act is according to the Book [the Qur'an], and for the mistaken act according to the Sunnah. The second narration is that there is no expiation for a mistake. This is the opinion of Ibn Abbas, Sa’id ibn Jubayr, Tawus, Ibn al-Mundhir, and Dawud; because Allah the Exalted said: "And whoever kills it among you intentionally" (Al-Ma'idah: 95). The implication of His speech is that there is no penalty upon the one who acts by mistake; for the basic principle is the exoneration of his liability, and it cannot be occupied except by evidence. Furthermore, it is a restricted act during ihram that does not invalidate it, so a distinction must be made between his mistake and his intent, just as with wearing clothes and applying perfume. The basis for the first [narration] is the statement of Jabir: The Messenger of Allah (peace and blessings of Allah be upon him) decreed for [a hyena that a pilgrim kills, a ram. And he (peace and blessings be upon him) said] regarding ostrich eggs that a pilgrim hits: "Their value." He did not distinguish [between mistake and intent]. Both were narrated by Ibn Majah. Also, it is a liability for destruction, so his intentional act and his mistaken act are equal, like the property of a human. The second section is that the penalty is not obligatory except upon the pilgrim (muhrim), and there is no difference between the ihram of Hajj and the ihram of Umrah, due to the generality of the text regarding both. There is no disagreement on this. There is no difference between the ihram for a single ritual and the ihram for two rituals, which is the qarin (one performing both Hajj and Umrah), because Allah the Exalted did not distinguish between them. The fourth section is that the penalty is not obligatory except by killing game; because that is what the text came with in His saying: "Do not kill game." Game is that which combines three things: that it is permissible to eat, has no owner, and is wild/elusive. By the first descriptor, everything that is not edible is excluded and carries no penalty, such as beasts of prey, detestable insects, birds, and other prohibited items. Ahmad said: The expiation was only established for game that is permissible to eat. He also said: Everything that requires blood money (diyah) if a pilgrim kills it, its meat is eaten.