What is the compensation (*Jaza'*) for killing a permitted animal within the Sacred Precincts (*Haram*)?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
Compensation for killing an animal within the Sacred Precincts (*Haram*) is equivalent to the compensation required for killing game while in the state of consecration (*Ihram*). This ruling is established by the consensus (*Ijma'*) inferred from the actions of the Companions (may Allah be pleased with them), who decreed that a sheep (*shāh*) is due for killing the doves (*hamām*) of the Haram. This was narrated from Umar, Uthman, Ibn Umar, and Ibn Abbas, and no dissenting opinion was reported from others. The underlying reason is that this act involves prohibited hunting due to a right belonging to Allah, similar to hunting while in the state of Ihram.
Supporting text
Dawud held that there is no compensation due, arguing that the default legal status is the innocence of liability (*bara'at adh-dhimmah*), and since no explicit textual proof mandates compensation, the default status remains unchanged.