What is the liability for killing a pregnant animal ('makhid')?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
The liability for killing a pregnant animal ('makhid') is its full value, equivalent to a similar pregnant animal. This is the position of Al-Qadi (the judge) and is the madhab of Al-Shafi'i, based on the reasoning that its value is greater than the value of its meat alone. The supporting evidence mandates restitution in kind ('mithl') for what is killed among the livestock, as stated in the Quran: "So the penalty is an equivalent of what he killed of the game animals" (Quran 5:95). Imposing monetary value constitutes deviation from the required equivalent when the equivalent is possible.
Supporting text
An alternative view suggests that if the offender redeems the loss with a non-pregnant animal equivalent, it may be permissible because the pregnancy itself does not add to the meat value, and may even diminish it; thus, the characteristic of pregnancy is not strictly required in the equivalent, similar to considerations of color or defect.