What is the liability for a person in Ihram who eats game that was killed for them?
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 eats game that was killed specifically for them, liability is incurred. This is the position of Malik, and it was also the position of Al-Shafi'i in his older rulings (Al-Qadeem). The basis for liability is that eating it constitutes an act of destruction forbidden due to the sanctity of Ihram, thus warranting a guarantee, similar to the act of killing itself.
Supporting text
Al-Shafi'i, in his later rulings (Al-Jadeed), held that no penalty is due because the act is merely eating the game, not an act of destruction that mandates a penalty, analogous to the case where one kills and then eats the game.