al-Azhari. For the gazelle, there is a sheep. This is established from Umar, and it is reported from Ali. Ata', Urwah, al-Shafi'i, and Ibn al-Mundhir held this view, and we are not aware of any disagreement from others. For the hyrax (wabr) (41), there is a sheep. This is reported from Mujahid and Ata'. The Qadi said: For it, there is a jafrah (young weaned goat), because it is not larger (42) than that (43). Al-Shafi'i said: If the Arabs eat it. The jafrah is a young goat that has reached four months of age and has been separated from its mother; the male is called a jafr. For the jerboa, there is a jafrah. Umar (may Allah be pleased with him) stated this. It is also reported from Ibn Mas'ud, and Ata', al-Shafi'i, and Abu Thawr held this view. Al-Nakha'i said: For it, there is its monetary value. Malik said: Its value in food. Amr ibn Dinar said: We have never heard that a dabb (spiny-tailed lizard) or a jerboa requires a compensation (diyah). Yet, following the traditions (athar) is more appropriate. For the dabb, there is a jady (kid). Umar and Arbad (44) ruled by this, and al-Shafi'i held this view. According to Ahmad, there is a sheep for it, because Jabir ibn Abdullah and Ata' both said this regarding it. Mujahid said: A handful of food. Qatadah said: A sa' (a measure). Malik said: Its value in food. The first view is more appropriate, for the ruling of Umar is more deserving of being followed than the ruling of anyone else, and the jady is closer to it than the sheep. For the rabbit, there is an 'anaq (young female goat). Umar ruled by this, and al-Shafi'i held this view. Ibn Abbas said: For it, there is a lamb (hamal). Ata' said: For it, there is a sheep. The ruling of Umar is more appropriate. The 'anaq is the female among the offspring of goats in its first year, and the male is called a jady. The second category: that for which the Companions have not given a ruling. In this case, one refers to the statement of two just men possessing expertise, due to the saying of Allah, the Exalted: "two just men among you shall judge it." They shall judge it by the things among livestock that most resemble it in terms of physical constitution, not in terms of value; this is evidenced by the fact that the rulings of the Companions were not based on similarity in value. It is not a condition for the judge that he be a faqih (jurist), for that is an addition to the command of Allah, the Exalted (45), and Umar commanded Arbad to judge regarding the dabb (46), and he did not ask whether he was a faqih or not. Rather, uprightness (adalah) is considered, because it is explicitly mentioned and is a condition for the acceptance of one's word against another in all other contexts. Expertise is also considered, because only one with expertise is capable of judging by similarity, and because expertise in that which one is judging is a condition for all other judges. It is permissible for the killer to be one of the two just men. Al-Shafi'i, Ishaq, and Ibn al-Mundhir held this view. Al-Nakha'i said: He may not do so, because a person may not judge in his own favor. Our argument is the generality of His statement, the Exalted: "two just men among you shall judge it." The killer along with another person are two just men from among us. Sa'id in his "Sunan" and al-Shafi'i in his "Musnad" (46) recorded from Tariq ibn Shihab that he said: We set out as pilgrims, and a man among us called Arbad caused a dabb to be crushed. Its back was split (47). We came to Umar (may Allah be pleased with him), and Arbad asked him. He said to him: "You judge it, O Arbad." He replied: "You are better than me, O Commander of the Faithful." He said: "I have only commanded you to judge, and I have not commanded you to praise me." Arbad said: "I see for it a jady that has consumed water and plants." Umar said: "Then that is what is due for it." Thus, Umar ordered him to judge it (49) even though he was the killer. He also ordered Ka'b al-Ahbar to judge against himself regarding two locusts he had hunted while he was a muhrim (50). Furthermore, it is wealth that is paid out in the right of Allah, the Exalted; therefore, it is permissible for the one upon whom it is due to be a trustee over it, as is the case with Zakat.