What is the required expiation for harming an Ostrich (Na'amah) while in Ihram?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 2 · Bab 6

Open in Qurani

Primary text

The required expiation for an Ostrich is a *Badanah* (a large sacrificial camel or cow). This ruling is supported by the consensus of Umar, Ali, Uthman, Zayd ibn Thabit, Ibn Abbas, and Muawiyah (may Allah be pleased with them), and is the position of 'Ata', Mujahid, Malik, Al-Shafi'i, and the majority of scholars. This is based on following explicit textual narration (Athar) over general analogy, and because the Ostrich physically resembles the camel in creation, thus falling under the general ruling concerning the *Na'am* (camels, etc.) mentioned in the Quranic text regarding penal sacrifices (Quran 5:95).

Supporting text

It is narrated from Al-Nakha'i, and held by Abu Hanifa (though contradicted by his two companions), that the expiation is its monetary value.