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Kitabul Hajj - Hunting in Ihram

Question 634) - What is the penalty?

A: According to Imaam Abu Hanifa RAH. and Imaam Abu Yusuf RAH. the prey wiil be evaluated in the place it is killed or the nearest place if it was on land. Two just Muslims will do the evaluation. The killer then has a choice between buying at that price a Hady to slaughter in the Haram or to buy food to give as sadaqah to the Miskin. He will give each Miskin a half sa? of wheat or a sa? of dates/barley. If he wishes he can instead fast one day for each half Sa? of wheat or one Sa' of barley. lf there was extra food less than a half sa', he may give it as sadaqah or he may fast a full day in lieu. The ruling is the same for a small prey which does not reach the value of a full Hady.

~ al-Quduri ~