[6796] My father narrated to us, Abu Salih narrated to us, Mu‘awiyah ibn Salih narrated to me from ‘Ali ibn Abi Talhah, from Ibn ‘Abbas regarding His saying: "Do not kill game while you are in the state of ihram, and whoever of you kills it intentionally," he said: If he kills it intentionally, or forgetfully, or by error, he shall be judged for it. If it was intentional, the punishment is hastened for him unless Allah pardons him. It was narrated from Mujahid, al-Nakha‘i, al-Hasan, and ‘Ata similar to some of this statement.

The Second Aspect

It is the removal of the expiation from the one who kills game forgetfully.

[6797] Abu Sa‘id al-Ashajj narrated to us, Ibn ‘Ulayyah narrated to us from Ayyub, he said: I was informed from Tawus, he said: A judgment is not made against one who hits game by error; judgment is only made against one who hits it intentionally.

[6798] ‘Amr al-Awdi narrated to us, Waki‘ narrated to us from al-A‘mash from ‘Amr ibn Murrah from Sa‘id ibn Jubayr, he said: Expiation was only established for intentional acts, but it was made more severe for them in cases of error so that they would be cautious.

His saying: "Then its compensation is a similar equivalent of what he killed from the livestock"

[6799] My father narrated to us, Yahya ibn al-Mughirah narrated to us, Jarir narrated to us from Mansur from al-Hakam from Miqsam from Ibn ‘Abbas regarding His saying: "Then its compensation is a similar equivalent of what he killed from the livestock," he said: If the one in ihram hits game, he is judged for its compensation from livestock.

[6800] al-‘Abbas ibn al-Walid ibn Mazid informed us by reading it to him, Muhammad ibn Shu‘ayb ibn Shabur narrated to us, ‘Uthman ibn ‘Ata informed me from his father regarding His saying: "Then its compensation is a similar equivalent of what he killed from the livestock," he said: Whatever has a similar equivalent that resembles it, that is its compensation and its fulfillment.

His saying: "From the livestock"

[6801] My father narrated to us, Abu Salih narrated to us, Mu‘awiyah ibn Salih narrated to me from ‘Ali ibn Abi Talhah from Ibn ‘Abbas regarding His saying: "Then its compensation is a similar equivalent of what he killed from the livestock," he said: If the one in ihram kills something from the game, he is judged for it; and if he kills an antelope or something similar, he must offer a sheep to be slaughtered in Mecca.

[6802] I read to Muhammad ibn al-Fadl, Muhammad ibn ‘Ali narrated to us, Muhammad ibn Muzahim narrated to us from Bukayr ibn Ma‘ruf from Muqatil ibn Hayyan regarding His saying: "Then its compensation is a similar equivalent of what he killed from the livestock," so whatever is land game that does not have horns, like the donkey or the ostrich, its compensation is from the camels. Whatever is land game with horns, its compensation is from the cattle. And whatever is an antelope, then for it is a sheep.