Al-Qur'an Surah Al-Ma'idah Verse 95
Al-Ma'idah [5]: 95 ~ English Qur'an Word By Word and Multi Tafseer
يٰٓاَيُّهَا الَّذِيْنَ اٰمَنُوْا لَا تَقْتُلُوا الصَّيْدَ وَاَنْتُمْ حُرُمٌ ۗوَمَنْ قَتَلَهٗ مِنْكُمْ مُّتَعَمِّدًا فَجَزَۤاءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهٖ ذَوَا عَدْلٍ مِّنْكُمْ هَدْيًاۢ بٰلِغَ الْكَعْبَةِ اَوْ كَفَّارَةٌ طَعَامُ مَسٰكِيْنَ اَوْ عَدْلُ ذٰلِكَ صِيَامًا لِّيَذُوْقَ وَبَالَ اَمْرِهٖ ۗعَفَا اللّٰهُ عَمَّا سَلَفَ ۗوَمَنْ عَادَ فَيَنْتَقِمُ اللّٰهُ مِنْهُ ۗوَاللّٰهُ عَزِيْزٌ ذُو انْتِقَامٍ (المائدة : ٥)
- yāayyuhā
- يَٰٓأَيُّهَا
- O you
- alladhīna
- ٱلَّذِينَ
- who
- āmanū
- ءَامَنُوا۟
- believe!
- lā
- لَا
- (Do) not
- taqtulū
- تَقْتُلُوا۟
- kill
- l-ṣayda
- ٱلصَّيْدَ
- the game
- wa-antum
- وَأَنتُمْ
- while you
- ḥurumun
- حُرُمٌۚ
- (are in) Ihram
- waman
- وَمَن
- And whoever
- qatalahu
- قَتَلَهُۥ
- killed it
- minkum
- مِنكُم
- among you
- mutaʿammidan
- مُّتَعَمِّدًا
- intentionally
- fajazāon
- فَجَزَآءٌ
- then penalty
- mith'lu
- مِّثْلُ
- (is) similar
- mā
- مَا
- (to) what
- qatala
- قَتَلَ
- he killed
- mina
- مِنَ
- of
- l-naʿami
- ٱلنَّعَمِ
- the cattle
- yaḥkumu
- يَحْكُمُ
- judging
- bihi
- بِهِۦ
- it
- dhawā
- ذَوَا
- two men
- ʿadlin
- عَدْلٍ
- just
- minkum
- مِّنكُمْ
- among you
- hadyan
- هَدْيًۢا
- (as) an offering
- bāligha
- بَٰلِغَ
- reaching
- l-kaʿbati
- ٱلْكَعْبَةِ
- the Kabah
- aw
- أَوْ
- or
- kaffāratun
- كَفَّٰرَةٌ
- an expiation
- ṭaʿāmu
- طَعَامُ
- feeding
- masākīna
- مَسَٰكِينَ
- needy people
- aw
- أَوْ
- or
- ʿadlu
- عَدْلُ
- equivalent
- dhālika
- ذَٰلِكَ
- (of) that
- ṣiyāman
- صِيَامًا
- (in) fasting
- liyadhūqa
- لِّيَذُوقَ
- that he may taste
- wabāla
- وَبَالَ
- (the) consequence
- amrihi
- أَمْرِهِۦۗ
- (of) his deed
- ʿafā
- عَفَا
- Pardoned
- l-lahu
- ٱللَّهُ
- (by) Allah
- ʿammā
- عَمَّا
- what
- salafa
- سَلَفَۚ
- (has) passed
- waman
- وَمَنْ
- but whoever
- ʿāda
- عَادَ
- returned
- fayantaqimu
- فَيَنتَقِمُ
- then will take retribution
- l-lahu
- ٱللَّهُ
- Allah
- min'hu
- مِنْهُۗ
- from him
- wal-lahu
- وَٱللَّهُ
- And Allah
- ʿazīzun
- عَزِيزٌ
- (is) All-Mighty
- dhū
- ذُو
- Owner
- intiqāmin
- ٱنتِقَامٍ
- (of) Retribution
Transliteration:
Yaaa aiyuhal lazeena aamanoo laa taqtuslus 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(QS. al-Māʾidah:95)
English / Sahih Translation:
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, as judged by two just men among you as an offering [to Allah] delivered to the Ka’bah, or an expiation: the feeding of needy people or the equivalent of that in fasting, that he may taste the consequence of his matter [i.e., deed]. Allah has pardoned what is past; but whoever returns [to violation], then Allah will take retribution from him. And Allah is Exalted in Might and Owner of Retribution. (QS. Al-Ma'idah, ayah 95)
Mufti Taqi Usmani
O you who believe, do not kill game when you are in IHrām (state of consecration for Hajj or ‘Umrah). If someone from among you kills it deliberately, then compensation (will be required) from cattle equal to what one has killed, according to the judgement of two just men from among you, as an offering due to reach the Ka’bah, or an expiation, that is, to feed the poor, or its equal in fasts, so that he may taste the punishment of what he did. Allah has forgiven what has passed, but whoever does it again, Allah shall subject him to retribution. Allah is Mighty, Lord of Retribution.
Dr. Mustafa Khattab, the Clear Quran
O believers! Do not kill game while on pilgrimage. Whoever kills game intentionally must compensate by offering its equivalence—as judged by two just men among you—to be offered at the Sacred House, or by feeding the needy, or by fasting so that they may taste the consequences of their violations. Allah has forgiven what has been done. But those who persist will be punished by Allah. And Allah is Almighty, capable of punishment.
Ruwwad Translation Center
O you who believe, do not kill game while you are on pilgrimage. Whoever of you kills it deliberately should compensate by offering its equivalent – as judged by two just men among you – to be offered at the Sacred House, or by feeding the needy, or by fasting its equivalent, so that he may taste the consequence of his deed. Allah has pardoned what has passed, but whoever does it again, Allah will subject him to retribution, for Allah is All-Mighty, Capable of Retribution.
A. J. Arberry
O believers, slay not the game while you are in pilgrim sanctity; whosoever of you slays it wilfully, there shall be recompense -- the like of what he has slain, in flocks as shall be judged by two men of equity among you, an offering to reach the Kaaba; or expiation -- food for poor persons or the equivalent of that in fasting, so that he may taste the mischief of his action. God has pardoned what is past; but whoever offends again, God will take vengeance on him, God is All-mighty, Vengeful.
Abdul Haleem
You who believe, do not kill game while you are in the state of consecration [for pilgrimage]. If someone does so intentionally the penalty is an offering of a domestic animal brought to the Kaba, equivalent- as judged by two just men among you- to the one he has killed; alternatively, he may atone by feeding the needy or by fasting an equivalent number of days, so that he may taste the full gravity of his deed. God forgives what is past, but if anyone re-offends, God will exact the penalty from him: God is mighty, and capable of exacting the penalty.
Abdul Majid Daryabadi
O ye who believe! slay not chase while ye are in a state of sanctity; and whosoever of you slayeth it wittingly, his compensation is the like of that which he hath slain, in domestic flocks, which two equitable persons among you shall judge: an offering brought to the Ka'ba; or as an expiation the feeding of the needy, or the equivalent thereof in fasts, that he may taste the grievousness of his deed. Allah hath pardoned that which is past, but whosoever returnoth, Allah shall take retribution from him; verily Allah is Mighty, Lord of Retribution
Abdullah Yusuf Ali
O ye who believe! Kill not game while in the sacred precincts or in pilgrim garb. If any of you doth so intentionally, the compensation is an offering, brought to the Ka'ba, of a domestic animal equivalent to the one he killed, as adjudged by two just men among you; or by way of atonement, the feeding of the indigent; or its equivalent in fasts; that he may taste of the penalty of his deed. Allah forgives what is past; for repetition Allah will exact from him the penalty. For Allah is Exalted, and Lord of Retribution.
Abul Ala Maududi
Believers! Do not kill game while you are in the state of pilgrim sanctity. Whoever of you kills it wilfully there shall be a recompense, the like of what he has killed in cattle - as shall be judged by two men of equity among you - to be brought to the Ka'bah as an offering, or as an expiation the feeding of the needy, or its equivalent in fasting in order that he may taste the grievousness of his deed. Allah has pardoned whatever has passed; but Allah will exact a penalty from him who repeats it. Allah is All-Mighty. He is fully capable of exacting penalties.
Ahmed Ali
O you who believe, do not kill game when you are on pilgrimage. And anyone among you who does so on purpose should offer livestock of equivalent value, determined by two honourable persons among you, (as atonement), to be brought to the Ka'bah as an offering; or else expiate by giving food to the poor, or its equivalent in fasting, so that he may realise the gravity of his deed. God has forgiven what has happened in the past; but any one who does so again will be punished by God. And God is severe in requital.
Ahmed Raza Khan
O People who Believe! Do not kill prey while you are on the pilgrimage; and whoever among you kills it intentionally, so its recompense is that he shall give a similar domestic animal (for sacrifice), two honest men among you rendering the command, the sacrifice being brought to the Kaa’bah – or he gives as redemption, food for some needy persons, or fasts for the same number of days, so that he may taste the consequences of his deed; Allah has forgiven what has passed; and henceforth whoever does it, Allah will take recompense from him; and Allah is Almighty, Avenger.
Ali Quli Qarai
O you who have faith! Do not kill any game when you are in pilgrim sanctity. Should any of you kill it intentionally, its atonement, the counterpart from cattle of what he has killed, as judged by two fair men among you, will be an offering brought to the Ka‘bah, or an atonement by feeding needy persons, or its equivalent in fasting, that he may taste the untoward consequences of his conduct. Allah has excused what is already past; but should anyone resume, Allah shall take vengeance on him, for Allah is all-mighty, avenger.
Ali Ünal
O you who believe! Do not kill game while you are in the state of pilgrim sanctity or in the sacred precincts of Makkah. Whoever of you kills it, then its recompense is the like of what he has killed, from livestock, to be judged by two men among you of equity and probity, and to be brought to the Ka‘bah as an offering; or (there shall be) an expiation by way of giving (as much) food to the destitute (as the value of the game killed), or fasting (a number of days) equivalent (to the number of the persons to be fed or the shares assigned for them). (That is ordained) so that he may taste the evil consequences of his deed. God has pardoned what is past; but for one who re-offends, God will take retribution from him. And God is All-Glorious with irresistible might, Ever-Able to requite (wrong).
Amatul Rahman Omar
O you who believe! kill no game while you are in a pilgrim´s garb or in the Sacred Precincts. And whosoever amongst you kills it intentionally he shall recompense by sacrificing a domestic cattle, the like of the animal he has killed, the same to be determined by two just persons from among you, and (the same) to be brought as an offering to the Ka´bah, or the expiation (of his sin) is the feeding of a number of needy persons, or the equivalent in fasting, so that he may suffer the penalty of his deed. Allâh has pardoned whatever might have happened in the past, and whoso does it again Allâh will punish him (for his offence), for Mighty is Allâh, Lord of retribution.
English Literal
You, you those who believed, do not kill the hunt/trapping, and you are forbidden/respecting for pilgrimage, and who intentionally/purposely killed it from you, so a reimbursement equal/similar (to) what he killed from the properties/livestock (the animals/birds), (two) of (B) justice/equality from you judges/rules with it (as) an offering reaching/delivered (to) the Kaaba , or substitution (of) feeding (the) poorest of poor/poor oppressed (P), or redemption (of) that (is) fasting , to taste/experience his matter`s/affair`s severity/bad consequences/evil results, God forgave/pardoned on what preceded, and who returned (again), so God revenges from Him, and God (is) glorious/mighty , (owner) of revenge.
Faridul Haque
O People who Believe! Do not kill prey while you are on the pilgrimage; and whoever among you kills it intentionally, so its recompense is that he shall give a similar domestic animal (for sacrifice), two honest men among you rendering the command, the sacrifice being brought to the Ka’abah - or he gives as redemption, food for some needy persons, or fasts for the same number of days, so that he may taste the consequences of his deed; Allah has forgiven what has passed; and henceforth whoever does it, Allah will take recompense from him; and Allah is Almighty, Avenger.
Hamid S. Aziz
Lawful for you is the game of the sea, and to eat thereof; a provision for you and for seafarers; but forbidden you is the game of the land while you are on pilgrimage; so fear Allah to whom you shall be gathered.
Hilali & Khan
O you who believe! Kill not game while you are in a state of Ihram for Hajj or 'Umrah (pilgrimage), and whosoever of you kills it intentionally, the penalty is an offering, brought to the Ka'bah, of an eatable animal (i.e. sheep, goat, cow, etc.) equivalent to the one he killed, as adjudged by two just men among you; or, for expiation, he should feed Masakin (poor persons), or its equivalent in Saum (fasting), that he may taste the heaviness (punishment) of his deed. Allah has forgiven what is past, but whosoever commits it again, Allah will take retribution from him. And Allah is All-Mighty, All-Able of Retribution.
Maulana Mohammad Ali
O you who believe, Allah will certainly try you in respect of some game which your hands and your lances can reach, that Allah may know who fears Him in secret. Whoever exceeds the limit after this, for him is a painful chastisement.
Mohammad Habib Shakir
O you who believe! do not kill game while you are on pilgrimage, and whoever among you shall kill it intentionally, the compensation (of it) is the like of what he killed, from the cattle, as two just persons among you shall judge, as an offering to be brought to the Kaaba or the expiation (of it) is the feeding of the poor or the equivalent of it in fasting, that he may taste the unwholesome result of his deed; Allah has pardoned what is gone by; and whoever returns (to it), Allah will inflict retribution on him; and Allah is Mighty, Lord of Retribution.
Mohammed Marmaduke William Pickthall
O ye who believe! Kill no wild game while ye are on the pilgrimage. Whoso of you killeth it of set purpose he shall pay its forfeit in the equivalent of that which he hath killed, of domestic animals, the judge to be two men among you known for justice, (the forfeit) to be brought as an offering to the Ka'bah; or, for expiation, he shall feed poor persons, or the equivalent thereof in fasting, that he may taste the evil consequences of his deed. Allah forgiveth whatever (of this kind) may have happened in the past, but whoso relapseth, Allah will take retribution from him. Allah is Mighty, Able to Requite (the wrong).
Muhammad Sarwar
Believers, do not hunt when you are in the holy precinct. Whichever of you purposely kills game in the holy precinct has to offer, as an expiation, a sacrifice in the holy precinct which two just people among you would consider equal to the prey or food to a destitute person or has to fast (for an appointed time) to bear the burden of the penalty for his deed. God forgives whatever was done in the past, but He will take revenge on whoever returns to transgression, for He is Majestic and Capable of taking revenge.
Qaribullah & Darwish
O believers, do not kill the hunted while you are in pilgrim sanctity. Whosoever of you kills it willfully there shall be a recompense, the like of what he has slain from cattle as shall be judged by two just men among you, an offering to reach the Ka'bah; or expiation food for needy persons or the equivalent of that in fasting, so that he may taste the weight of the recompense of his action. Allah has pardoned what is past; but whoever offends again, Allah will take vengeance on him. Allah is the Almighty, Owner of Vengeance.
Safi-ur-Rahman al-Mubarakpuri
O you who believe! Kill not game while you are in a state of Ihram, and whosoever of you kills it intentionally, the penalty is an offering, brought to the Ka`bah, of livestock equivalent to the one he killed, as adjudged by two just men among you; or, for expiation, he should feed the poor, or its equivalent in fasting, that he may taste the heaviness (punishment) of his deed. Allah has forgiven what is past, but whosoever commits it again, Allah will take retribution from him. And Allah is Almighty, All-Able of Retribution.
Wahiduddin Khan
Believers, do not kill any game while you are on a pilgrimage. Anyone of you who kills game deliberately shall make compensation with an animal which is the equivalent of what he has killed, to be determined by two just men from among you, as an offering brought to the Ka'bah; or he shall, in expiation, either feed the poor or do the equivalent of that in fasting, so that he may taste the consequence of his deeds. God forgives what is past, but if anyone relapses into wrongdoing, God will exact His retribution. God is mighty, the Lord of retribution.
Talal Itani
O you who believe! do not kill game while you are in pilgrim sanctity. Whoever of you kills any intentionally, its penalty shall be a domestic animal comparable to what he killed, as determined by two honest persons among you—an offering delivered to the Kaabah. Or he may atone by feeding the needy, or its equivalent in fasting, so that he may taste the consequences of his conduct. God forgives what is past. But whoever repeats, God will take revenge on him. God is Almighty, Avenger.
Tafsir jalalayn
O you who believe, do not slay game while you are in the state of pilgrimage inviolability, for the hajj or the `umra; whoever of you slays it wilfully, then the compensation shall be (read fa-jaz'un, `then the compensation [shall be]', followed by a nominative [mithlu, `the like of']) that is to say, a compensation is incumbent on him, and that is, the equivalent of what he has slain, of flocks, in other words, a similar creature (a variant reading has an annexation construction for jaz', `compensation', [sc. fa-jaz'u mithli, `then the compensation of']), to be judged, that is, the equivalent [is to be judged], by two just men among you, both possessing astuteness, with which they are able to identify the nearest [animal] in equivalence to it [the slain animal]. Ibn `Abbs, `Umar and `Al, may God be pleased with them, all adjudged a beast of sacrifice [as redemption] for an ostrich [slain]; Ibn `Abbs and Ab `Ubayda adjudged a cow [as redemption] for wildebeest or wild ass; [`Abd Allh] Ibn `Umar and [`Abd al-Rahmn] Ibn `Awf, a sheep for a gazelle, and, as Ibn `Abbs, `Umar and others did, [a sheep] also [as a redemption] for [slaying] pigeons, because they [pigeons] resemble these [sheep] in taking scoops of water [when drinking]; an offering (hadyan is a circumstantial qualifier referring to jaz', `compensation') to reach the Ka`ba, that is, to be taken into the Sanctuary, sacrificed there and given as a voluntary offering to its needy [residents], and it cannot be sacrificed wherever [else] it may be (bligha l-ka`ba, `to reach the Ka`ba', is in the accusative because it is an adjectival qualification of what precedes, even if it stands as an annexation, since such an annexation is only morphological and not [valid] as a [grammatical] characterisation); if there is no equivalent beast of flock for the game slain, as in the case of a small bird or locusts, then the person is obliged [to compensate] with [equivalent] value. Or, it is incumbent on him [to make], an expiation; other than compensation, and if he should find the means then this [expiation] is, food for the poor, [food] to be taken from the principal food of the town, equivalent to the value of the compensation, being one mudd measure for each poor person (a variant reading has kaffra, `expiation', in an annexation with the following noun [sc. kaffratu ta`min, `the expiation of food'] as an explication [of kaffra, `expiation']); or, it is incumbent on him [to compensate with], the equivalent of that, food, in fasting, so that he fasts one day for every mudd measure [that he is unable to provide]; but if he has the means to [provide the food] then it is incumbent on him to do so, so that he may taste the evil consequence, the burden of the compensation, of his deed, the one he has perpetrated. God has pardoned what is past, of game slain before it was prohibited; but whoever offends again, God will take vengeance on him; God is Mighty, His way will prevail, Lord of Retribution, against those who disobey Him. Unintentional slaying [of game] is also included with intentional slaying in what has been mentioned [of required compensation or expiation].
Tafseer Ibn Kathir
يَا أَيُّهَا الَّذِينَ امَنُواْ لَا تَقْتُلُواْ الصَّيْدَ وَأَنتُمْ حُرُمٌ
O you who believe! Kill not game while you are in a state of Ihram,
This Ayah prohibits killing the game in the state of Ihram, except what is exempt from this as mentioned in the Two Sahihs;
Aishah narrated that the Messenger of Allah said,
خَمْسٌ فَوَاسِقُ يُقْتَلْنَ فِي الْحِلِّ وَالْحَرَمِ
الْغُرَابُ
وَالْحِدَأَةُ
وَالْعَقْرَبُ
وَالْفَأْرَةُ
وَالْكَلْبُ الْعَقُور
Five are Fawasiq, they may be killed while in Ihram or not;
the crow,
the kite,
the scorpion,
the mouse and
the rabid dog.
Ibn Umar narrated that the Messenger of Allah said,
خَمْسٌ مِنَ الدَّوَابِّ لَيْسَ عَلَى الْمُحْرِمِ فِي قَتْلِهِنَّ جُنَاحٌ
الْغُرَابُ
وَالْحِدَأَةُ
وَالْعَقْرَبُ
وَالْفَأْرَةُ
وَالْكَلْبُ الْعَقُور
It is not harmful in a state of Ihram to kill five kinds of animals;
the crow,
the kite,
the scorpion,
the mouse and
the rabid dog.
This Hadith was recorded in the Two Sahihs.
Ayub narrated that Nafi` narrated similar wordings for this Hadith from Ibn Umar.
Ayub said, "So I said to Nafi, `What about the snake?'
He said, `There is no doubt that killing the snake is allowed."'
The ruling concerning the rabid dog also includes the wolf, lion, leopard, tiger and their like, since they are more dangerous than the rabid dog, or because the term Kalb (dog) covers them. Allah knows best.
Abu Sa`id narrated that the Prophet was asked about the animals that the Muhrim is allowed to kill and he said,
الحَيَّةُ
وَالْعَقْرَبُ
وَالْفُوَيسِقَةُ
وَيَرْمِي الْغُرَابَ وَلَا يُقْتُلُهُ
وَالْكَلْبُ الْعَقُورُ
وَالحِدَأَةُ
وَالسَّبُعُ العَادِي
The snake,
the scorpion,
the mouse,
and the crow - which is shot at but not killed --
the rabid dog,
the kite and
wild beasts of prey.
Abu Dawud recorded this Hadith, as did At-Tirmidhi, who said, "Hasan", and Ibn Majah.
The Penalty of Killing Game in the Sacred Area or in the State of Ihram
Allah said,
وَمَن قَتَلَهُ مِنكُم مُّتَعَمِّدًا فَجَزَاء مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ
And whosoever of you kills it intentionally, the penalty is (an offering of) livestock equivalent to the one he killed.
Mujahid bin Jabr said,
"The meaning of `intentionally' here is that one intends to kill the game while forgetting that he is in the state of Ihram. Whoever intentionally kills the game while aware that he is in the state of Ihram, then this offense is more grave than to make an expiation, and he also loses his Ihram."
This statement is odd, and the view of majority is that they have to pay the expiation for killing the game whether they forgot that they are in Ihram or not.
Az-Zuhri said,
"The Book (the Qur'an) asserts the expiation for intentional killing, and the Sunnah included those who forget, as well."
The meaning of this statement is that the Qur'an mentioned the expiation and sin of those who intentionally kill game,
يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنكُمْ هَدْيًا بَالِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَاكِينَ أَو عَدْلُ ذَلِكَ صِيَامًا
(that he may taste the heaviness (punishment) of his deed. Allah has forgiven what is past, but whosoever commits it again, Allah will take retribution from him), the Sunnah that includes the rulings issued by the Prophet and his Companions, indicated the necessity of expiation in cases of unintentional killing of game, just as the Book legislated expiation for intentional killing. Killing game is a form of waste, which requires expiation in intentional and unintentional cases, although those who intend it have sinned, rather than those who made an honest error.
Allah's statement,
فَجَزَاء مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ
(The penalty is (an offering of) livestock equivalent to the one he killed) indicates the necessity of offering an equivalent animal to the one the Muhrim killed.
The Companions gave rulings that the camel, for instance, is the equivalent of the ostrich, the cow is the equivalent of wild cattle, and the goat for the deer.
As for the cases when there is no equivalent for the killed animal, Ibn Abbas said that one should spend its amount in Makkah (i.e. charity), as Al-Bayhaqi recorded.
Allah's statement,
يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنكُمْ
As adjudged by two just men among you;
means, two just Muslim men should determine an animal equivalent to the game killed, or the amount of its price.
Ibn Jarir recorded that Abu Jarir Al-Bajali said,
"I killed a deer when I was in the state of Ihram and mentioned this fact to Umar, who said, `Bring two of your brethren and let them judge you.' So I went to Abdur-Rahman and Sa`d and they said that I should offer a male sheep."
Ibn Jarir recorded that Tariq said,
"Arbad killed a deer while in the state of Ihram and he went to Umar to judge him. Umar said to him, `Let us both judge,' and they judged that Arbad should offer a goat that was fed on abundant water and grass.
Umar commented,
يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنكُمْ
(As adjudged by two just men among you);"
Allah's statement,
هَدْيًا بَالِغَ الْكَعْبَةِ
an offering brought to the Ka`bah.
indicates that this equivalent animal should be brought to the Ka`bah, meaning, the Sacred Area, where it should be slaughtered and its meat divided between the poor of the Sacred Area.
There is a consensus on this ruling.
Allah said,
أَوْ كَفَّارَةٌ طَعَامُ مَسَاكِينَ أَو عَدْلُ ذَلِكَ صِيَامًا
or, for expiation, he should feed the poor, or its equivalent in fasting,
that is, if the Muhrim does not find an equivalent to what he killed, or the animal hunted is not comparable to anything else.
Ali bin Abi Talhah said that Ibn Abbas commented on the Ayah,
هَدْيًا بَالِغَ الْكَعْبَةِ
أَوْ كَفَّارَةٌ طَعَامُ مَسَاكِينَ أَو عَدْلُ ذَلِكَ صِيَامًا
(...an offering brought to the Ka`bah, or, for expiation, he should feed the poor, or its equivalent in fasting),
"If the Muhrim killed game, then his judgment is its equivalent.
If he kills an antelope, he offers a sheep slaughtered in Makkah. If he cannot, then he feeds six poor people, otherwise he should fast for three days.
If he kills a deer, he offers a cow. If unable, he feeds twenty poor people, or otherwise if unable, he fasts for twenty days.
If he kills an ostrich or zebra, he offers a camel, or he feeds thirty poor people, or fasts thirty days."
Ibn Abi Hatim and Ibn Jarir recorded this statement, and in Ibn Jarir's narration, the food measurement is a Mudd (4 handfuls of food) each that suffices for the poor.
Allah's statement,
لِّيَذُوقَ وَبَالَ أَمْرِهِ
that he may taste the heaviness (punishment) of his deed.
means, We have required him to pay this expiation so that he tastes the punishment of his error.
عَفَا اللّهُ عَمَّا سَلَف
Allah has forgiven what is past.
during the time of Jahiliyyah, provided that one becomes good in Islam and follows Allah's Law, all the while avoiding the sin.
Allah then said,
وَمَنْ عَادَ فَيَنتَقِمُ اللّهُ مِنْهُ
but whosoever commits it again, Allah will take retribution from him.
meaning, whoever does this after it has been prohibited in Islam and having knowledge that it is prohibited.
فَيَنتَقِمُ اللّهُ مِنْهُ
وَاللّهُ عَزِيزٌ ذُو انْتِقَامٍ
Allah will take retribution from him. And Allah is Almighty, All-Able of retribution.
Ibn Jurayj said,
"I said to `Ata', `What is the meaning of,
عَفَا اللّهُ عَمَّا سَلَف
(Allah has forgiven what is past),'
He said, `Meaning, during the time of Jahiliyyah.'
I asked about,
وَمَنْ عَادَ فَيَنتَقِمُ اللّهُ مِنْهُ
(but whosoever commits it again, Allah will take retribution from him).
He said, `Whoever commits this offense again in Islam, then Allah will take retribution from him and he also has to pay the expiation.'
I asked, `Is there any punishment for repeating this offense that you know of?'
He said, `No.'
I said, `Do you think that the authorities should punish him?'
He said, `No, for it is a sin that he committed between him and Allah. He should pay the expiation."'
Ibn Jarir recorded this statement.
It was said that;
the Allah will take retribution' refers to the expiation, according to Sa`id bin Jubayr, Ata, and the majority among the earlier and later generations.
They stated that when the Muhrim kills game, the expiation becomes necessary, regardless of whether it was the first, second or third offense, and whether intentional or by error.
Ibn Jarir commented on Allah's statement;
وَاللّهُ عَزِيزٌ ذُو انْتِقَامٍ
(And Allah is Almighty, All-Able of retribution),
"Allah says that He is invincible in His control, none can resist Him, prevent Him from exacting retribution from anyone, or stop Him from punishing anyone. This is because all creation is His creation and the decision is His, His is the might, and His is the control.
His statement,
ذُو انْتِقَامٍ
(All-Able of retribution),
meaning, He punishes those who disobey Him for their disobedience of Him.