What is the required recompense for killing game that corresponds to livestock?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
The recompense for killing game that corresponds to livestock is its like among the livestock (al-mithl). This is the position held by the majority of scholars, including Al-Shafi'i. The evidence is derived from the verse stating: {Then, recompense of the like of what he killed of livestock} [Al-Ma'idah: 95]. Furthermore, the Prophet (peace be upon him) mandated a ram for the hyena. The Companions unanimously agreed upon requiring the equivalent livestock; thus, 'Umar, 'Uthman, 'Ali, Zayd ibn Thabit, Ibn 'Abbas, and Mu'awiyah ruled that a camel should be given for an ostrich. Their consistent rulings across different times and places indicate this is not based on monetary value (al-qimah), as they did not inquire about specific qualities affecting value, and they ruled a sheep for pigeons, which is often greater in value than the pigeon.
Supporting text
Abu Hanifa held that the value (al-qimah) is obligatory because game is not considered a fungible item (mithli). Malik ruled that judgment should be newly established because Allah stated: {judged by two just men among you} [Al-Ma'idah: 95].