What is the legal consequence for violating the sanctity of the Haram (sanctuary) by taking game or cutting trees within it?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
There are two reported opinions regarding imposing a penalty (*Jaza'*) for actions forbidden within the sanctuary. The majority opinion, held by most scholars, Malik, and Shafi'i (in his later opinion), is that no penalty is due. This is reasoned by analogy to areas where entry without Ihram is permissible, for which no penalty is mandated, such as the game in the designated area of *Juh*. The opposing view mandates a penalty. This is reported from Ibn Abi Dhi'b, Shafi'i (in his earlier opinion), and Ibn al-Mundhir. The evidence is the statement of the Prophet (peace be upon him): "Indeed, I have made Madinah sacred just as Ibrahim made Makkah sacred." The prohibition against cutting its trees and taking its birds necessitates a penalty in this sanctuary, mirroring the penalty in the other sanctuary, as no distinction exists between them.
Supporting text
The prescribed penalty, according to the view that mandates it, is the permissibility of confiscating the belongings (*salb*) of the violator (the hunter or tree-cutter) by whomever apprehends them. This is supported by the narration of Muslim concerning Sa'd who found a slave cutting trees in his palace at Al-'Aqiq, confiscated his belongings, and refused to return them, stating the Prophet (peace be upon him) granted him those spoils. Another narration by Abu Dawud states: "Whoever apprehends someone hunting within it, let him confiscate his belongings." This confiscation includes even undergarments. However, if the violator is on a mount, that mount is not to be taken because the mount is not considered part of the *salb*, unlike the spoils taken in Jihad against a disbeliever, where the mount is taken as it aids in warfare.