What is the required expiation for harming a pigeon (Hammam) while in Ihram?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
The required expiation for harming a pigeon is a *Shāh* (a sheep). This was ruled by Umar, Uthman, Ibn Umar, Ibn Abbas, and Nafi' ibn 'Abd al-Harith concerning the pigeons of the Sacred Precinct (Haram), and is the position of Sa'id ibn al-Musayyib, 'Ata', 'Urwah, Qatadah, Al-Shafi'i, and Ishaq. The basis for this ruling is that the sheep is the prescribed penalty for the pigeon within the Haram due to a ruling by the Companions, and this penalty should extend to instances outside the Haram because the pigeon is a protected animal due to the right of Allah (Huqooq Allah), thus requiring a *Shāh* as its equivalent penalty, as per the general principle of proportionate penalty: {a penalty of the like of what was hunted of livestock} (Quran 5:95).
Supporting text
Abu Hanifa and Malik hold that the expiation is its monetary value, though Malik conceded the ruling of a sheep specifically for pigeons within the Haram due to the Companions' ruling, maintaining his original view for pigeons outside the Haram.