What is the liability for injuring game that is driven out of the sanctuary?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
If game is driven out (nafara) from the sanctuary and is injured during its flight, the person who drove it is liable for its damage because they caused its destruction, similar to damage caused by one's trap or net. If the game settles after ceasing its flight and is then injured, the one who drove it is not liable, as affirmed by Ahmad. This is because they were not the cause of the subsequent damage. Compensation applies only if the injury occurs while the animal is still in motion from being driven out or immediately upon landing outside the sanctuary.
Supporting text
A narration from 'Umar indicates liability was imposed when a dove, startled from his robe, landed on a standing person and was then seized by a snake, leading to a ruling of paying a sheep in compensation. This suggests liability remains after the initial disturbance ceases, but only if the animal does not move away from the second location; if it moves further, there is no liability.