Is there liability if the game and the hunter are both in the lawful area (Hill), but the projectile enters the Sacred Precinct (Haram) before killing the game outside it?

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

Al-Mughni

Book of Hajj

Book 11 · Issue 4 · Bab 3

Open in Qurani

Primary text

If the game and the hunter are both in the Hill, the hunter shoots an arrow or sends a dog, the projectile enters the Haram, and then exits to kill the game in the Hill, there is no penalty. This is the view held by the Ashab al-Ra'y, Abu Thawr, and Ibn al-Mundhir. The rationale is that the projectile's path through the Haram does not transform the act into hunting within the Haram, similar to how one is not liable if they themselves enter the Haram while pursuing game and kill it outside.

Supporting text

Abu Thawr narrates a view from Al-Shafi'i that liability does exist in this scenario.