What is the obligation regarding releasing game held under constructive possession (milk/ownership) while in Ihram?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
The person in Ihram is not obligated to remove his constructive legal possession (milk/hand) over the game because he performed no action of capture upon it, thus incurring no liability, similar to game owned by another. Conversely, if the game is under his direct physical possession, he has performed the act of restraint, which is prohibited, just like the initial act of capture, since sustaining restraint is considered restraint. If he releases it, his ownership remains. Whoever takes it must return it when the state of Ihram ends, and if someone kills it, they are liable to compensate him because his ownership was established over it. Removing the physical control does not extinguish ownership, evidenced by cases of usurpation (ghasb) or temporary loan (ariyyah).