What is the expiation (Jaza') for plucking the feathers of a bird while in the state of Ihram?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 6

Open in Qurani

Primary text

If a pilgrim in Ihram plucks a bird's feather, the expiation due is based on the resulting deficiency (what it lacks). This is the position held by Al-Shafi'i and Abu Thawr. The evidence supports this view by analogy with wounding: if the plucked feather is preserved, fed, and watered until it regrows, there is no liability because the deficiency has been removed, similar to a wound healing. If the feather does not regrow, the ruling is based on the extent of the permanent damage, analogous to a wound that does not heal.

Supporting text

Malik and Abu Hanifa mandate the full expiation (Jaza' al-jami') for plucking a feather. An alternative view suggests that the value of the feather must be paid because the second feather is not the original one. If the bird survives but loses its ability to fly due to the plucking, the full expiation is due, similar to a permanent injury.