What is the ruling on a person who brings game lawfully hunted outside the Haram (sanctuary) into the 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

A person who brings game he legally owned from outside the Haram into the sanctuary must relinquish control over it and release it. If the game perishes while in his possession, or if he destroys it, he is liable for its compensation, similar to the ruling for a pilgrim who hunts in the non-sanctuary area (Hill). This is supported by the principle that the Haram area causes hunting to become forbidden and necessitates compensation, thus prohibiting the continuation of its captivity, analogous to the state of Ihram (consecration for Hajj/Umrah). Furthermore, if he slaughters the game within the Haram, he owes the penalty (Jaza') for the animal, just as if he had hunted it within the Haram.

Supporting text

A view held by 'Ata' and narrated from Ibn 'Umar states that if the owner slaughters the game inside the Haram, he owes the penalty. Ibn 'Umar, Ibn 'Abbas, 'A'ishah, 'Ata', Tawus, Ishaq, and the Ashab al-Ra'y (Hanafi school) disliked bringing game into the Haram.