What is the ruling if game acquired unlawfully by a person in Ihram perishes?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 2 · Bab 6

Open in Qurani

Primary text

If game acquired through prohibited means, such as sale, perishes, the person in Ihram owes its penalty. If it was acquired via sale, they owe its value or must return it to its owner. If they merely sent someone else to retrieve it, they are liable for its guarantee as if they destroyed it themselves, but they do not owe the Ihram penalty (jaza'), and they must still return the item sold.

Supporting text

There is a potential view that the person in Ihram is obligated to release the game, similar to if it were their own property, because establishing direct physical possession of game is not permissible for them.