sea game. Urwa said: It is from (23) the cast of a whale. It was narrated from Abu Hurayrah that he said: A swarm of locusts reached us, and one of us struck them with his whip while in the state of ihram. It was said: This is not correct. This was mentioned to the Prophet (peace and blessings of Allah be upon him), and he said: "This is sea game." It is also narrated from him, from the Prophet (peace and blessings of Allah be upon him), that he said: "Locusts are from sea game." Abu Dawud narrated both (24). It is also narrated from Ahmad that it is land game, and a penalty is incurred for it. This is the view of the majority; due to what was narrated that Umar, may Allah be pleased with him, said to Ka'b regarding two locusts: "What have you set for yourself?" He said: "Two dirhams." He replied: "Excellent, two dirhams are better than a hundred locusts." Al-Shafi'i narrated this in his Musnad (25). This is because it is a flying creature whose flight is observed on land, and it is destroyed by water if it falls into it; thus, it resembles sparrows. As for the two hadiths which we mentioned for the first narration, they are weak. Abu Dawud stated this. According to this view, he guarantees its value because it has no [domesticated] equivalent. This is the opinion of al-Shafi'i. From Ahmad, it is said that he should give a date in charity [for the locust] (26). This is narrated from Umar and Abdullah ibn Umar. Ibn Abbas said: "A handful of food." Al-Qadi said: This is interpreted to mean that he obligated this as a way of [fixing] the value. The apparent meaning is that they did not intend this as a formal estimation, but rather they intended that it is the minimum thing for it. If locusts spread out in his path and he killed them by walking on them in a way where it was not possible for him to avoid them, there are two views regarding it: The first is the obligation of its penalty, because he destroyed it for his own benefit, so he is liable for it (27), like one who is compelled and kills game to eat. The second is that he is not liable, because he was compelled to destroy it; this is akin to if it attacked him. The sixth section: The penalty for that which is a beast of the game is its counterpart from the livestock (al-na'am). This is the opinion of most scholars, including