Is compensation (*Jaza'*) required for the game hunted from the sea?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 6

Open in Qurani

Primary text

Compensation for hunting is only obligatory for game taken from the land, not from the sea, by unanimous agreement. This is established by the verse: "Lawful to you is the game of the sea and its food as provision for you and the wayfarer, but forbidden to you is the game of the land as long as you are in the sacred state (Ihram)" (Quran 5:96). Ibn Abbas interpreted the sea's food (*ta'amuhu*) as what the sea casts forth. The ruling applies equally to saltwater sea creatures and those in rivers and springs, as the term 'sea' encompasses all, supported by the verse distinguishing between fresh and salt water while permitting the eating of fresh meat from both (Quran 35:12). Furthermore, the prohibition of land game directly contrasts with the permission for sea game, indicating that anything not land game falls under sea game, irrespective of whether it lives exclusively in water (like fish) or partially on land (like turtles and crabs); these carry no penalty.