Is a penalty incumbent upon a person who kills game while in the state of Ihram (sanctification) if they have killed game previously while in Ihram?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
There are three narrations from Ahmad concerning whether a penalty is required for subsequent killings while in Ihram. The primary narration, which is the apparent position of the Madhhab, states that a penalty is obligatory for every instance of killing game. This view is held by Ath-Thawri, Ash-Shafi'i, Ishaq, Ibn al-Mundhir, and the Companions of opinion (Ahl ar-Ra'y). The supporting evidence is that this penalty is a compensation for killing, and thus should be the same for both the initial killer and the repeated offender, analogous to homicide. Furthermore, it is a substitute for a damaged item, necessitating an equivalent or its value, similar to compensation for property damage.
Supporting text
The second narration states that the penalty is only due for the first offense, a view narrated from Ibn Abbas and held by Sharih, Al-Hasan, Sa'id ibn Jubayr, Mujahid, An-Nakha'i, and Qatadah, based on the Quranic verse, 'And whoever reverts, then indeed, Allah will avenge him' (Quran 5:95), which did not explicitly mention an additional penalty. The third narration posits that if the first offense was expiated, the second killing requires a new expiation; otherwise, nothing is due for the second killing, as the penalty is tied to committing a prohibited act during Ihram, similar to wearing clothing or using perfume.