685 - Issue: He said: "And if it is a bird, he shall ransom it with its value in its location."

His statement "with its value in its location" means that its value at the place where he destroyed it is obligatory. There is no disagreement among the scholars regarding the obligation of compensation for game that is a bird, except for what was narrated from Dawud, that he does not require compensation for what is smaller than a pigeon, because Allah Almighty said: {Therefore, a compensation equal to what he killed from the livestock}. And this has no equal. Our evidence is the generality of the statement of Allah Almighty: {Do not kill game while you are in a state of ihram}. It is said regarding the statement of Allah Almighty: {Allah will surely test you with something of the game that your hands and your spears can reach} (1): it means the fledgling, the egg, and the small game that cannot flee; {and your spears}: it means the large ones. It has been narrated from Umar and Ibn Abbas, may Allah be pleased with them, that they ruled for a compensation in the case of locusts. The indication of the verse regarding the obligation of a compensation for other than it does not preclude the obligation of compensation in this case based on other evidence. The compensation for other than the pigeon among birds is its value; because the principle regarding compensation is that one guarantees it with its value, or (2) with that which covers it, by the evidence of all other guaranteed things. However, we have abandoned this principle due to evidence (3). Therefore, in what is beyond that, the value is obligatory by virtue of the evidence, and the value is considered at the location of its destruction, just as if he destroyed the property of a human in a place, it is valued at the place of destruction, and so it is here.

Section: He guarantees the eggs of game with their value, whichever game it may be. Ibn Abbas said: For ostrich eggs, its value is due. This was also narrated from Umar and Ibn Mas'ud. This is the opinion of al-Nakha'i, al-Zuhri, al-Shafi'i, Abu Thawr, and the People of Reason (Ashab al-Ra'y); because it is narrated that the Messenger of Allah, peace and blessings of Allah be upon him, said regarding ostrich eggs [that a muhrim might hit: "Its price." Recorded by Ibn Majah (4). And if it is obligatory in the case of ostrich eggs] (5) that its value be paid, even though the ostrich is among those [animals] that have equivalents, then other [game] is more deserving [of this rule], and because the egg has no equivalent, its value is therefore obligatory, like the small of birds.