What is the ruling regarding compensation for killing locusts (*Jirad*) while in Ihram?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
There are differing reports regarding locusts. One opinion holds that they are considered game of the sea and thus incur no penalty. This is the view of Abu Sa'id, Ibn Abbas, Ka'b (who considered them whale excretions), and a narration attributed to the Prophet (peace be upon him) where he designated them as sea game (reported by Abu Dawud). The opposing established view, held by the majority including Ahmad, maintains that locusts are land game and require compensation. This is supported by the report where Umar gave a small recompense for two locusts, stating two dirhams were better than a hundred locusts. Furthermore, locusts exhibit flying behavior typical of land birds and perish when they fall into water, resembling sparrows.
Supporting text
For the opinion holding locusts as sea game, Abu Dawud suggested the related narrations concerning the Prophet's ruling are erroneous. According to the ruling that compensation is due, Al-Shafi'i maintains the offender must compensate based on the locust's value since a similar item for replacement is unavailable. Ahmad reported a view suggesting a date (tamarah) be given for each locust, a position narrated from Umar and Abdullah ibn Umar, while Ibn Abbas suggested a handful of food, interpreted by Al-Qadi as the minimum required compensation.