Fiqh-us-Sunnah - 5.59

Hadith 5.59.1

Killing a Game in the State of Ihram

Allah says: "O You Who Believe, kill not game while in the Sacred Precincts or in Pilgrim garb. If any of you doeth so intentionally, the compensation is an offering, brought to the Ka'bah, 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." (Qur'an 5.95) Ibn Kathir said: "The majority holds that as far as the penalty is concerned there is no difference between one who deliberately kills a game and he who does so forgetfully." Az-Zuhri said: "The Qur'an imposed a penalty only on the intentional killer of the game, while the sunnah includes those who kill a game forgetfully."
In other words the Qur'an imposes a penalty on an intentional killer for his sin, as is indicated by the words of Allah "...that he may taste the penalty of his deed."
The sunnah of the Prophet (peace be upon him) and the judgments of his Companions show that he who kills a game by mistake must also pay a penalty. Killing a game is a destructive act, and therefore, whether it is inflicted intentionally or forgetfully, makes little difference, though a deliberate killer is guilty of a sin, whereas one who does so by mistake commits no sin.
In Al-Musawwa, it is stated: "In the opinion of Abu Hanifah, the verse: 'If any of you doeth so intentionally, the compensation is an offering, brought to the Ka'bah, of a domestic animal equivalent to the one he killed' means that one who kills a game must compensate it by sacrificing something similar to or equivalent in price to be decided by two just men." It may be a domestic animal that is brought to the Ka'bah for sacrifice, or else one may feed the needy.
In Ash-Shafi'i's opinion it means that, "Anyone who kills a game while in the Hajj garb must pay a penalty for his act by sacrificing an animal similar in shape and form and two just men must make sure that it is equivalent in value to the game killed. Or else, one must make an atonement or fast for an equivalent number of days."