What is the expiation for harming larger birds like Houbara, Crane, Stone Curlew, Partridge, or large water fowl while in Ihram?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 5 · Bab 6

Open in Qurani

Primary text

There are two views regarding birds larger than pigeons, such as the Houbara (*Hubārā*), Crane (*Karkī*), Stone Curlew (*Karawān*), Partridge (*Hajal*), and large domestic geese. The first view mandates a *Shāh* because narrations from Ibn Abbas, Jabir, and 'Ata' indicate a sheep for the Partridge, Rock Pigeon, and Houbara, with 'Ata' extending this to the Crane, Stone Curlew, water hen (*Ibn al-Mā'*, *Dajāj al-Habash*), and *Harb* (young Houbara). This is based on the implication that if a sheep is due for the pigeon, a sheep must be due for something larger. The second view, held by Al-Shafi'i, mandates the monetary value of the bird. This is because analogy would require expiation for all birds, but the obligation of a *Shāh* for the pigeon was set by the consensus of the Companions, thus, for anything else, the ruling reverts to the general principle of valuing the damaged item.