Is compensation obligatory for a pilgrim who kills game out of necessity (to prevent self-destruction)?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 6

Open in Qurani

Primary text

If a pilgrim is forced by dire need to kill game for consumption, the killing is permissible without dispute, based on the principle that one must not throw themselves into destruction (Quran 2:195). The pilgrim is liable for the compensation regardless of whether other sustenance could have been found. This liability is affirmed by the general ruling of the verse and the fact that the killing occurs without any attribute inherent in the game that necessitates its death, thus requiring compensation similar to other acts of destruction.

Supporting text

Al-Awza'i stated that no compensation is due in this necessity case, drawing an analogy to the permissibility of hunting sea animals.