the muhrim may slaughter if it is not game. The correct view is that it is forbidden for him to slaughter it, and a penalty is incurred for it, because its origin is the wild [species], so it is like a pigeon. The fifth section: The penalty is only obligatory for land game, not for sea game, without disagreement, due to the saying of Allah the Exalted: {Lawful to you is the game of the sea and its food as provision for you and for the travelers, but forbidden to you is the game of the land as long as you are in the state of ihram} (20). Ibn Abbas said: "Its food is that which it casts forth." There is no difference between the animal of salt water and that which is in rivers and springs, for the name "sea" covers all of them. Allah the Exalted said: {And the two seas are not alike—this is fresh, sweet, palatable to drink, and this is salty, bitter. And from each you eat fresh meat} (21). This is also because Allah the Exalted contrasted it with land game in His saying: {But forbidden to you is the game of the land} (20). This indicates that whatever is not land game is sea game. A sea animal is one that lives in water, and hatches and lays eggs in it. If it is of the type that only lives in water, such as fish and the like, then this is something about which there is no disagreement. If it is of the type that lives on land, such as the turtle and the crab, then it is like a fish; there is no penalty for it. Ata' said: There is a penalty for it, as well as for the frog and everything that lives on land. Our argument is that it hatches in the water and lays eggs in it, so it is among its animals, like fish. As for water fowl, there is a penalty for them according to the general body of scholars, among them al-Awza'i, al-Shafi'i, the scholars of opinion (Ashab al-Ra'y), and others. We know of no dissenter regarding this, other than what was narrated from Ata', who said: Wherever it is most abundant (22), that is its [proper] habitat. Our argument is that this [bird] only hatches on land and lays eggs on land, and it only enters the water to live in it and seek sustenance from it; thus, it is like a human hunter. There is a difference of opinion regarding locusts. According to one narration, it is sea game, and there is no penalty for it. This is the school of Abu Sa'id. Ibn al-Mundhir said: Ibn Abbas and Ka'b said: It is from