What is the ruling regarding the guarantee for cutting a branch of a tree whose trunk is in the non-sacred area (Hill) and the branch is in the Sacred Precinct (Haram)?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
There are two views on this matter. The primary view, chosen by Al-Qadi Abu Ya'la, states that there is no guarantee because the branch is subordinate to its origin in the Hill, similar to the previous case. The second view, favored by Ibn Abi Musa, mandates a guarantee because the cutting occurred within the sanctity of the Haram.
Supporting text
The preferred view is that a guarantee is obligatory if part of the main trunk is in the Hill and part is in the Haram, regardless of whether the cut branch is in the Hill or the Haram, due to prioritizing the sanctity of the Haram, similar to the ruling concerning game where part of its limbs are in the Hill and part in the Haram.