Is the one who indicates the location of game within the Sacred Precinct (Haram) liable for the penalty (Jaza')?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
The one who indicates the location of game within the Sacred Precinct (Haram) is liable for the penalty through indication or gesture, similar to the one in the state of Ihram who hunts. A single penalty is obligatory upon both the indicator and the hunter in this situation. This ruling is explicitly stated by Ahmad, and the apparent meaning of his words indicates no distinction based on whether the indicator was inside the Haram or outside (Al-Hill). The rationale is that killing game of the Haram is forbidden for both the indicator and the hunter. The game of the Haram is protected by virtue of its location, making its killing forbidden for both, just as it is forbidden for someone seeking refuge in the Haram. The prohibition is established by the saying of the Prophet, peace be upon him: "Its game must not be scared off," and in another narration, "Its game must not be hunted." This prohibition is general, applying to everyone.
Supporting text
Al-Qadi holds that the indicator is not liable for the penalty if the indication occurs while the indicator is outside the Haram (Al-Hill); the penalty rests solely upon the one who hunted (the one indicated to), similar to a non-Muhrim indicating game to a Muhrim. However, the primary view is that since killing Haram game is forbidden for the indicator, the indicator is responsible through the indication, just as the indicator is responsible when indicating to someone in the state of Ihram.