Is there liability if a hunter acts from the Sacred Precinct (Haram) upon game located in the lawful area (Hill)?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
If the situation is reversed—the hunter shoots from the Haram towards game in the Hill, sends their dog into the Hill, or kills game on a branch whose trunk is in the Haram but the game is in the Hill, or captures a pigeon in the Haram whose young perish in the Hill—there is no liability upon the hunter, as the ruling remains as if everything occurred in the lawful area.
Supporting text
A narration from Ahmad states there is no liability when one sends a dog from the Haram to hunt in the Hill. Another narration attributed to Ahmad suggests liability in all such reversed scenarios. Al-Shafi'i is also reported to have an opinion indicating no penalty when one kills a bird on a branch in the Hill whose origin is in the Haram, which aligns with the apparent position of the Ashab al-Ra'y.