What is the penalty if one unlawful state (muhrim) guides another unlawful person to game, and the latter kills it?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
The penalty (Jaza') for the killing of game by one unlawful person guided by another unlawful person is a single penalty shared between both. This view is held by 'Ata' and Hammad ibn Abi Sulayman. The justification is that the obligatory penalty is for the destroyed property, which is singular, thus the compensation must be singular. This ruling applies equally whether the game seen by the guided person was obvious or hidden, visible only through the guidance.
Supporting text
Al-Sha'bi, Sa'id ibn Jubayr, Al-Harith Al-'Uklay, and the Ashab al-Ra'y (People of Opinion) maintain that each person owes a full penalty because each action, if performed individually, would necessitate a complete penalty; therefore, when combined, the liability remains separate. Malik and Al-Shafi'i state that the guide bears no liability.