What is the ruling on one who steps on a quail while in a state of ihram in Makkah, unintentionally killing it?
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The questioner : The questioner says: What is the ruling on one who steps on a quail while in a state of ihram in Makkah, unintentionally killing it?
The Shaykh : The answer to this is found in the words of Allah (Mighty and Majestic). Allah the Exalted said:[Al-Ma'idah 5:95] [Al-Ma'idah 5:95] meaning those who are in a state of ihram or those who are in the sacred precinct. [Al-Ma'idah 5:95] I say that the ruling of this issue is known from the Qur'an itself: [Al-Ma'idah 5:95] meaning that upon him is a penalty equivalent to what he killed from livestock. And what did he kill? What does he say?
The questioner : A quail.
The Shaykh : In any case, a quail is not applicable because it is not game. But if he killed a pigeon, killing a pigeon unintentionally, then he owes nothing, because Allah conditioned the obligation of the penalty on it being intentional. And based on this, we say to the brother who killed a cat: there is nothing upon you. First, because a cat is not game. Second, because you were not intentional. In fact, even if you killed game, there would be nothing upon you if you were not intentional about it.
The Shaykh : The answer to this is found in the words of Allah (Mighty and Majestic). Allah the Exalted said:
O you who have believed, do not kill game while you are in the state of ihram. And whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killed
يا أيها الذين آمنوا لا تقتلوا الصيد وأنتم حرم ومن قتله منكم متعمدا فجزاء مثل ما قتل من النعمO you who have believed, do not kill game while you are in the state of ihram.
يا أيها الذين آمنوا لا تقتلوا الصيد وأنتم حرمAnd whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killed
ومن قتله منكم متعمدا فجزاء مثل ما قتل من النعمAnd whoever of you kills it intentionally - the penalty
ومن قتله منكم متعمدا فجزاءThe questioner : A quail.
The Shaykh : In any case, a quail is not applicable because it is not game. But if he killed a pigeon, killing a pigeon unintentionally, then he owes nothing, because Allah conditioned the obligation of the penalty on it being intentional. And based on this, we say to the brother who killed a cat: there is nothing upon you. First, because a cat is not game. Second, because you were not intentional. In fact, even if you killed game, there would be nothing upon you if you were not intentional about it.