Abu Hanifa. His two companions differed with him. Following the text in the saying of the Almighty: "Then a compensation, the like of what he killed, from the livestock," and the traditions is more appropriate, and because the ostrich resembles a camel in its creation, it acts as a likeness for it and thus falls under the general scope of the text. For the pigeon, a sheep is due. Umar, Uthman, Ibn Umar, Ibn Abbas, and Nafi' ibn Abd al-Harith ruled this regarding the pigeons of the Haram, and it is the opinion of Sa'id ibn al-Musayyab, Ata, Urwa, Qatada, al-Shafi'i, and Ishaq. Abu Hanifa and Malik said: Its value is due. However, Malik agreed regarding the pigeons of the Haram, but not [regarding the pigeons] in the state of Ihram; for analogy requires the value in all birds, which we abandoned in the case of the pigeons of the Haram due to the ruling of the Companions, so in everything else, it remains according to the original principle. We say: It has been narrated from Ibn Abbas regarding the pigeon while in the state of Ihram in accordance with our school, and because it is a pigeon for which liability is required for the right of Allah Almighty, so it is compensated with a sheep, like the pigeon of the Haram. And because when the sheep is a likeness for it in the Haram, it is likewise in the outskirts (al-hill), so its liability is obligatory through it, according to the saying of Allah Almighty: "Then a compensation, the like of what he killed, from the livestock." Analogy of the pigeon upon the pigeon is more appropriate than analogy of it upon something else. Al-Khiraqi's saying: "And what resembles it," means what resembles the pigeon in that it laps up water, i.e., it places its beak into it and laps as the sheep laps, and does not take it drop by drop, like chickens and sparrows. They only made a sheep obligatory for it due to its resemblance to it in lapping water just as it does, and it does not drink like the drinking of other birds. Ahmad said, in a narration by Ibn al-Qasim and Sindiy: Every bird that laps water drinks like
(3) Surah al-Ma'idah: 95. (4) In A, B, and M: "khilqatihi fa-kanat". (5) Omitted from A, B, and M. (6) Omitted from B and M. (7) Omitted from B and M. (8) Omitted from the original. (9) In A, B, and M: "Abu al-Qasim". The biography of Ahmad ibn al-Qasim, the companion of Abu Ubayd, was mentioned previously in: 1/197. (10) In A, B, and M: "Shindi". His biography was mentioned previously in: 1/326.