Is a person liable for uprooting a tree from the Sacred Precinct (Haram) and planting it elsewhere such that it dies?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
Liability is obligatory upon the person who uprooted a tree from the Sacred Precinct (Haram) and subsequently planted it in another location where it withered and died, because he caused its destruction. Liability also applies if the person planted the uprooted tree within the Haram, and it subsequently thrived, because he removed its sacred status (Hurmah) by moving it, although he did not destroy it, necessitating its return. If returning it becomes impossible, or if upon return it withers, liability falls upon the original uprooter. Liability is established because the act involved destroying or removing the sacred character of property within the Haram.
Supporting text
If a person uproots a tree from the Haram, and another person uproots it from outside the Haram (Al-Hill), the liability for destruction falls upon the second uprooter, as he is the direct destroyer of the tree. This differs from scaring away game from the Haram into Al-Hill, where the one who scared it is liable, because trees do not move independently, and their sacred status is not extinguished merely by removal, requiring the original planter to return it, whereas the hunter who frightens game forfeits its protected status.