Is the hunter liable if a dog sent to hunt game in the Hill enters the Haram and kills different game there?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
There is no liability incumbent upon the hunter if he sends his dog after game in the Hill, and the dog then enters the Haram and kills other game. This view is held by Al-Thawri, Al-Shafi'i, the Ahl al-Ra'y, Abu Thawr, and Ibn al-Mundhir. The rationale is that the dog was not sent after that specific game, but entered on its own volition, analogous to a dog running loose by itself without being sent.
Supporting text
Ata', Abu Hanifa and his companions maintain that liability (Jaza') is due because the hunter caused the killing of sacred game within the Haram by sending his dog after it, similar to killing it with an arrow. Al-Bakr Abd al-Aziz favored this position. Similarly, a narration from Salih quotes Ahmad stating liability is due if the game was close to the Haram due to negligence in sending the dog, but not if it was far away.