Is compensation (Jazaa) obligatory only for killing permissible game (Sayd)?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
Compensation is obligatory only upon the killing of game, as the text mandates this regarding the act: "Do not kill game" (Quran 5:95). Game must possess three characteristics: it must be permissible to eat, have no owner, and be wild (untamable). This excludes anything not permissible to eat, such as predatory beasts, repulsive vermin, certain birds, and other forbidden animals. Ahmad stated that the expiation is only for game whose flesh is permissible to consume. This view is held by the majority of scholars, who base this on the permissibility of eating the animal. However, they mandate compensation for offspring resulting from a mix of permissible and forbidden animals, prioritizing the prohibition of killing it, similar to the ruling on its consumption.
Supporting text
Some scholars of our school mandated compensation for Umm Hubayn (a distended-bellied animal), following the precedent of Uthman (may Allah be pleased with him) who ruled its value as a young goat (Jady). However, the correct view is that there is no compensation for it because it is considered repulsive by the Arabs and is not eaten.