How is the penalty divided when a restrained (Muhram) person and a non-restrained (Halal) person jointly hunt game within the Sacred Precincts (Haram)?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 6

Open in Qurani

Primary text

If a restrained person and a non-restrained person jointly hunt game within the Sacred Precincts, the penalty is divided equally between them, half for each. This is because the act of destruction is attributed equally to both parties, and the obligation upon the restrained person is not increased by the combination of the state of restraint (Ihram) and the sanctity of the Precincts. This ruling applies when both parties commit the act simultaneously. If one precedes the other, the ruling previously stated for sequential wounding applies.