Is the Ihram-bound person liable for game killed based on their indication?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
The person in the state of Ihram is liable for the game if they directed a non-Ihram bound person to it, and that person subsequently destroyed the game. The entire penalty (Jaza') falls upon the one in Ihram. This ruling is held by Ali, Ibn Abbas, Ata, Mujahid, Bakr al-Muzani, Ishaq, and the Companions of opinion (Ashab al-Ra'y). The evidence is the statement of the Prophet, peace be upon him, to the companions of Abu Qatada, asking, "Did any of you command him to carry it, or point towards it?" Furthermore, indication is a means to cause destruction of the game, thus incurring liability, similar to setting a trap (hubula). This is also the position of Ali and Ibn Abbas, and no dissenting position among the Companions is known to us.
Supporting text
Malik and Al-Shafi'i hold that the director bears no liability because liability for destruction is contingent upon the act of destruction itself, not merely the indication, similar to the liability concerning a human being.