What is the liability for a guide who causes impairment to a dedicated Hady?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 5 · Bab 6

Open in Qurani

Primary text

If the guide causes impairment to the Hady through human action, he must give charity equivalent to the reduction in its value. If he slaughters it improperly, the slaughter is still valid. If he lets it perish out of fear of impairment without slaughtering it, he is liable for compensation to be delivered to the poor of the Haram, as delivering monetary compensation is feasible, unlike replacing the perished animal.

Supporting text

Abu Hanifa holds that if the impairment occurs before the animal is laid down for slaughter, it is not valid unless the defect occurs after it is laid down for the slaughter process. This is refuted by arguing that if the animal perished, nothing was due, so impairment, which is less severe, should be accepted. If the guide feeds it to a poor person or instructs someone to eat from it, he is not liable for compensation because he delivered it to the deserving party.