What is the liability for one in Ihram (Hajj/Umrah) who kills game and then eats it?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
If a person in the state of Ihram kills game and subsequently eats it, the liability (daman) is only for the killing, not for the eating. This is the position held by Malik and Al-Shafi'i. The primary evidence is that the killed game is already subject to a prescribed penalty (Jaza') for the act of killing. Since it is already guaranteed by a penalty, it is not guaranteed a second time by eating, similar to if the killing was done by means other than eating, or if a non-Haram animal (Halal) kills Haram game and eats it. Furthermore, the prohibition on eating it after it is killed stems from its status as carrion (Maytah), and carrion is not subject to a prescribed penalty (Jaza').
Supporting text
Ata' and Abu Hanifa hold that the liability extends to the act of eating as well, because the person ate something prohibited to them due to their Ihram, thus incurring liability just as if they ate something that was killed specifically for them.