What is the ruling on keeping game owned outside the Haram after entering the sanctuary?

Chapter on What the Muhrim Must Avoid and What is Permissible for Him

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 3

Open in Qurani

Primary text

If game lawfully hunted outside the Haram is brought into the sanctuary, the owner must release it immediately, as remaining in possession is forbidden due to the Haram being a cause making hunting forbidden and requiring compensation, making the continuation of captivity akin to the prohibition during Ihram.

Supporting text

Jabir ibn 'Abdullah permitted bringing game into the Haram, although a narration also reports his dislike for the act. Hisham ibn 'Urwah observed that Ibn al-Zubayr kept game in cages for nine years, and the Companions of the Prophet (peace be upon him) did not see an issue with it. Sa'id ibn Jubayr, Mujahid, Malik, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir also permitted it.