What is the ruling on a game animal (ṣayd) caught by a person in the state of Ihram?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
If a person in the state of Ihram catches game, they do not gain ownership of it. If the game perishes while in their possession, they are liable for its compensation (jaza'). If they keep it until they exit the state of Ihram, they must release it and are prohibited from slaughtering it. If they slaughter it or if the game perishes, they are liable for its value, and eating it is forbidden. This ruling is based on the principle that game for which liability is incurred due to the prohibition of Ihram cannot be permitted for consumption, similar to if it were slaughtered while Ihram was still in effect. This act of slaughter is considered a forbidden method due to Ihram, akin to keeping the Ihram state intact. Evidence is found in the Quranic prohibition: "And forbidden to you is the game of land as long as you are in the sacred state [of Ihram]" (Quran 5:96).
Supporting text
Abu al-Khattab held the opinion that the person may eat the game but remains liable for its value, reasoning that since the person slaughtering it was qualified to perform the slaughter, it resembles game caught after exiting Ihram. However, this is distinguished because liability is explicitly attached to the first scenario.