1 The Virtues of Surah Al-Ma'idah; When It was Revealed Surah to ...

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
يَحْكُمُ‏ بِهِ‏ ذَوَا عَدْلٍ‏ م ِّنكُمْ‏ هَدْيًا بَالِغَ‏ الْكَعْبَةِ‏ أَوْ‏ game, intentionally kill
(that he may taste the آَف َّارَةٌ‏ طَعَامُ‏ مَسَاآِينَ‏ أَو عَدْلُ‏ ذَلِكَ‏ صِيَامًا
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 م ِّثْلُ‏ مَا قَتَلَ‏ مِنَ‏ الن َّعَمِ‏ (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,
As adjudged by two just men among you;
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... يَحْكُمُ‏ بِهِ‏ ذَوَا عَدْلٍ‏ م ِّنكُمْ‏ ...