Is compensation obligatory for killing the fox (Tha'lab)?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 6

Open in Qurani

Primary text

There are differing narrations concerning the fox. One narration mandates compensation, supported by Tawus, Qatadah, Malik, and Al-Shafi'i, who considered it game whose meat is eaten and thus subject to compensation. Compensation is mandated because it is considered game that is permissible to eat.

Supporting text

Another narration from Ahmad states there is no compensation, supported by Al-Zuhri, 'Amr ibn Dinar, Ibn Abi Nujayh, and Ibn al-Mundhir. The ruling regarding 'Ata' is conflicted because the fox is a predator, and the Prophet (peace be upon him) prohibited killing every predator with fangs. If compensation is due, it is a sheep, based on a narration from 'Ata'.