وَإِذَا سَمِعُوا 247 المائدة

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْتُلُوا الصَّيْدَ وَأَنْتُمْ حُرُمٌ وَمَنْ قَتَلَهُ مِنْكُمْ مُتَعَمِّدًا فَجَزَاءٌ مِثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِنْكُمْ هَدْيًا بَالِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَاكِينَ أَوْ عَدْلُ ذَلِكَ صِيَامًا لِيَذُوقَ وَبَالَ أَمْرِهِ عَفَا اللَّهُ عَمَّا سَلَفَ وَمَنْ عَادَ فَيَنْتَقِمُ اللَّهُ مِنْهُ وَاللَّهُ عَزِيزٌ ذُو انْتِقَامٍ ﴿۹۵﴾ أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ مَتَاعًا لَكُمْ وَلِلسَّيَّارَةِ وَحُرِّمَ عَلَيْكُمْ صَيْدُ الْبَرِّ مَا دُمْتُمْ حُرُمًا وَاتَّقُوا اللَّهَ الَّذِي إِلَيْهِ تُحْشَرُونَ ﴿۹۶﴾

﴾95﴿ Yaaa aiyuhal lazeena aamanoo laa taqtulus saida wa antum hurum; wa man qatalahoo minkum mut'am midan fajazaaa'um mislu maa qatala minanna'ami yahkumu bihee zawaa 'adlim minkum hadyam baalighal Ka'bati aw kaffaaratun ta'aamu masaakeena aw 'adlu zaalika Siyaamal liyazooqa wabaala amrih; 'afal laahu 'ammaa salaf; wa man 'aada fayanta qimul laahu minh; wallaahu 'azeezun zuntiqaam
﴾96﴿ Uhilla lakum saidul bahri wa ta'aamuhoo mataa'al lakum wa lissaiyaarati wa hurrima 'alaikum saidul barri maa dumtum hurumaa; wattaqul laahal lazeee ilaihi tuhsharoon

﴾95﴿ O believers, do not kill game while you are in Ihram, and whoever kills game from you intentionally, then it will be recompense for him like the one who killed cattle, They should decide on those two righteous people from you, the sacrifice should reach the Kaaba, either it is atonement to give food to the poor or equivalent to fasting, In order for him to taste the reward of his actions, Allah Almighty has pardoned what happened, And whoever returns (to considering hunting as lawful), then Allah will take revenge on him, and Allah, the Most High, is the owner of revenge
﴾96﴿ It has been made lawful for you to hunt from the sea and eat it, it is a benefit for you and for the people of your caravan, And it is forbidden for you to hunt in the desert as long as you are in Ihram and fear Allah, the Most High, to whom you will be gathered

[95] This part elaborates on the ruling of hunting while in the state of iḥrām, and the specified punishment is a worldly penalty:
(Lā taqtulū) — “Do not kill [game]”: This is a test in the form of a prohibition. “Killing” here is general, whether it be by slaughtering or suffocating the animal. It applies to all kinds of game and living creatures. However, five creatures are excluded based on authentic hadiths from Ṣaḥīḥayn (Bukhari and Muslim):
The crow
The kite (a type of hawk)
The scorpion
The mouse
The attacking dog (And in one narration, a snake is mentioned in place of the scorpion.)
(Wa antum) — “While you are [in iḥrām]”: This applies generally to both men and women, whether inside the sanctuary (ḥaram) or outside it.
(Mā qatal mina-n-na‘am) — “Whoever kills from the grazing livestock [as compensation]”: Resemblance (mumāthalah) can be of two kinds:
1. Resemblance in form and appearance
2. Resemblance in value
The majority of scholars say: if there is a resemblance in form, then the exact equivalent must be offered as compensation (kaffārah). If there is no such physical match, then the value must be paid instead.
Imam Abu Ḥanīfah (may Allah have mercy on him) held that compensation should always be based on value, regardless of form. However, the first opinion is more widely accepted because companions of the Prophet have narrated compensations based on physical resemblance.
(Bāligha-l-ka‘bah) — “That reaches the Ka‘bah”: Here, Ka‘bah refers to the sanctuary (ḥaram), and the meaning of “reaching” is that the sacrificial animal should be slaughtered within the ḥaram.
(Aw kaffāratun ṭa‘āmu masākīn) — “Or as an expiation, feeding the poor”: This is the expiation if no sacrificial animal is available. One must buy food equal in value to the killed game and give it to the poor, with half a ṣā‘ (about 1.5 kg of wheat) given to each poor person.
(Aw ‘adlu dhālika ṣiyāmā) — “Or equivalent fasting days”: This means one day of fasting for every half ṣā‘, in case feeding is not possible.
(Liyadhūqa wabāla amrihi) — “So that he may taste the consequence of his deed”: This is the reason behind this punishment. The implied wording could be “Allah has legislated this so that…” Wabāl refers to the burden or penalty of an action—in this case, the punishment for violating the sacred state.
[96] Earlier, the ruling related to the test (ibtilāʼ) during the state of iḥrām was mentioned, and now the consequence and clarification of what is allowed and forbidden in that state are described. This is a test related to hunting while in iḥrām, particularly regarding the division between land and sea game.
(Uḥilla lakum) — “It has been made lawful for you”: This is a general address to Muslims, whether they are in iḥrām or not.
(Ṣaydu al-baḥr) — “Game of the sea”: Refers to any creature whose life is not possible outside of water.
(Wa ṭa‘āmuhu) — “And its food”: The difference is that ṣayd refers to fresh catch, while ṭa‘ām refers to preserved or salted fish that can be stored and used for a longer time.
(Matā‘an lakum wa li-s-sayyārah) — “As provision for you and for travelers”:
The first part (lakum) refers to residents who benefit while staying in one place.
The second part (li-s-sayyārah) refers to travelers, indicating that both groups may benefit from sea game.
(Wa ḥurima ‘alaykum ṣaydu al-barri) — “And the game of the land is forbidden to you”:
This includes:
Hunting land animals,
Slaughtering them, and
Eating them—if the hunting was done for you or by your command. All of this is forbidden while in the state of iḥrām.