And Mujāhid alone held that if a pilgrim in ihrām kills game intentionally, meaning to kill it, while forgetting his consecrated state, this counts as an excusable mistake for which expiation is required; but if he kills it while remembering his consecration and fully intending the act, no legal ruling is passed against him (1).
Abū Bakr said: This view is at variance with the Qur’ānic verse.
157 – They unanimously agree that for any game taken by a pilgrim in ihrām the due compensation is a sheep (2).
158 – They unanimously agree that for a pigeon belonging to the Sanctuary the compensation is a sheep. Abū Ḥanīfah alone dissented, holding that its market value must be paid instead.
159 – They unanimously agree that sea game is lawful for a pilgrim in ihrām to catch, eat, sell, and buy.
(1) He is referring to Allah’s statement in Surah al-Maida (5:95): “wa-man qatalahu minkum mutaʿammidan fa-jazāʾun mithlu mā qatal mina al-naʿam yaḥkumu bihi dhawā ʿadlin minkum” (Whoever among you kills it deliberately, his recompense is an equivalent from the livestock, to be decided by two just men from among you).
(2) This is how the wording appears in the manuscript and in all of the printed copies in my possession. I am uncertain whether the lapse is the author’s, the copyist’s, or the result of an omission. The scholarly consensus is that if the game killed has a clear counterpart, the offender must compensate with its like from the livestock; only Abu Hanifa held that he must pay its market value, as stated by Abu Hubayra (1/330). There is likewise no consensus that a sheep is always the penalty for game taken by a muhrim; rather, the majority of the Companions and later scholars maintained that for a pigeon (ḥamām) the penalty is a sheep. Shaykh Zayd b. Muhammad al-Madkhali—may Allah preserve him—writes in Qabas min al-afnān al-nadiyya li-īḍāḥ manāsik al-ḥajj al-marwiyya (pp. 159–160): “The ruling has been established for the pigeon—the bird that drinks by gulping and coos—and for those species people keep in their homes, such as the dabsi, the qamari and the fākhita; ʿUmar, ʿUthmān, Ibn ʿUmar, Ibn ʿAbbās and others ruled that the penalty for killing one of these is a sheep.” End of quote.