What is the ruling on a lawful person (Halal) if they kill game upon the direction of an unlawful person (Haram)?

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

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 3

Open in Qurani

Primary text

If a lawful person kills game upon the direction of an unlawful person, nothing is incumbent upon the lawful person. This is because the lawful person does not incur liability for destroying the game outright, so their liability is less when only providing direction. This ruling applies unless the killing occurs within the Sacred Precinct (Haram), in which case the lawful person shares the penalty (Jaza') with the unlawful person. This shared liability occurs because hunting game within the Sacred Precinct is forbidden for both lawful and unlawful persons. Imam Ahmad explicitly stated this.