Can a person in Ihram reclaim game they sold while they were lawful (not in Ihram)?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 6

Open in Qurani

Primary text

A person in Ihram cannot reclaim game they sold when they were lawful and in a state of choice, even if there is a defect in the price or otherwise. This is because reclaiming it constitutes initiating ownership over game, which is forbidden for one in Ihram. This position is held by Al-Shafi'i and the Companions of Ra'y (Hanafi scholars).

Supporting text

If the buyer returns the game to the seller in Ihram due to a defect or exercising an option, the return is valid because the cause for return is established. Subsequently, the game does not enter the possession of the person in Ihram, and they are obliged to release it.