Does a person in the state of Ihram inherit hunted game?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 6

Open in Qurani

Primary text

The person in the state of Ihram possesses the hunted game through inheritance. This is because ownership acquired through inheritance is not an action originating from the person himself, but rather enters his possession by legal presumption, whether he desires it or dislikes it. This is analogous to ownership entering the possession of a minor or an insane person, and it similarly allows a Muslim to acquire ownership from a non-believer, functioning as a form of continuation or establishment of possession.

Supporting text

It is possible that ownership is not established upon inheritance because inheritance constitutes one of the modes of acquisition, similar to sale and other transactions. Under this view, the heir is considered the most deserving of the game without true ownership being established until he exits the state of Ihram, at which point ownership is finalized.