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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 419688 - Issue: He said: (And whenever he kills game, he is liable for its penalty)

Translation · EN

half a dirham. The apparent meaning is the expenditure of the mandatory dirhams.

688 - Issue: He said: "And whenever he kills game, he is judged [to owe a penalty]."

Its meaning is that a penalty is mandatory for the killing of a second piece of game, just as it is mandatory upon him when he kills it initially. Regarding this issue, there are three narrations from Ahmad: The first is that a penalty is mandatory for every piece of game. This is the apparent [position] of the madhhab. Abu Bakr said: "This is the more preferable of the two statements [attributed to] Abu 'Abd Allah." This is the view held by 'Ata', al-Thawri, al-Shafi'i, Ishaq, Ibn al-Mundhir, and the People of Opinion. The second is that it is not mandatory except for the first time; this is narrated from Ibn 'Abbas. This is the view held by Shurayh, al-Hasan, Sa'id ibn Jubayr, Mujahid, al-Nakha'i, and Qatadah, because Allah Almighty said: {But whoever returns to it, then Allah will take retribution from him}, and He did not make a penalty mandatory. The third is that if he offered an expiation for the first, then he owes an expiation for the second, otherwise there is nothing [due for the second], because it is an expiation that becomes mandatory due to committing a prohibited act while in ihram, so its penalty is merged [into the primary duty] before the expiation, just like wearing [sewn clothes] and [using] perfume. Our argument is that it is an expiation for killing, so the beginner and the one returning to it are equal in this regard, just like the killing of a human being. Also, it is a replacement for something destroyed in which an equivalent or its value is mandatory, so it is similar to the replacement for a human's wealth. Ahmad said: "It is narrated from 'Umar and others that they adjudicated in cases of error, and in [the case of] one who kills, they did not ask him whether he had killed before this or not." This only concerns the specific nature of ihram and its location, and the verse

Notes

(1) Omitted from B and M. (2) Surah al-Ma'idah: 95. (3) In B and M: "for the second". (4) In A, B, and M: "it merges". (5) In the manuscripts: "thinking" [typo]. (6) In A, B, and M: "in it". (7) In B and M: "with it".

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