Is liability incurred if a consecrated person (Muhram) sets a trap or digs a pit resulting in the capture and death of game?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 6

Open in Qurani

Primary text

If a consecrated person sets a net or digs a pit into which game falls and perishes, liability is incurred because it is a causation, similar to liability incurred for harming a human being. However, if the pit was dug legitimately, such as in one's own home or in a wide public road beneficial to Muslims, liability should not be incurred, mirroring the rule for harming a human being in such contexts. If a net was set before assuming the state of consecration (Ihram) and game falls into it after Ihram begins, no liability is incurred, because the act causing the destruction did not originate from the person after entering the state of Ihram. This is similar to game killed before Ihram and left at home, which perishes after Ihram, or selling game while permissible and the buyer slaughters it.