What is the penalty for a pilgrim performing Hajj or Umrah in a state of Ihram who kills one animal while performing the combination of Hajj and Umrah (Qarin)?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
If a person performing Qiran (combination of Hajj and Umrah) kills game, only a single penalty (*jaza'*) is incumbent upon him. This position is affirmed by Ahmad. The supporting evidence is the statement of Allah the Almighty: "Whoever kills game intentionally, then the recompense is an equivalent of what he killed of livestock" (Quran 5:95). If two penalties were required, it would necessitate two equivalents. Furthermore, since it is a single act of killing one piece of game, two penalties are not obligatory, just as is the case when a person in Ihram kills game within the Sacred Precinct (*Haram*). Additionally, this situation is no worse than two people in Ihram jointly killing game, for which only one expiation (*fidyah*) is due, and similarly for one person in Ihram and one outside the state of Ihram jointly killing game within the Sacred Precinct.
Supporting text
The scholars of the Hanafi school of thought hold that two penalties are obligatory. Malik and Al-Shafi'i are also mentioned as holding views that imply multiple penalties. It is argued by those who assert two penalties that if killing game in the Sacred Precinct requires three penalties (based on their ruling that killing game outside the precinct requires two), then the ruling for the Sacred Precinct should logically be three.