Is there liability if a lawful person catches a bird in the lawful area (Hill) whose young perish 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
If a lawful person captures a bird in the Hill area and its young perish within the Haram, liability exists only for the young birds. This is due to the sanctity of the location protecting the offspring. The mother bird is not subject to penalty because she was game originating from the Hill, and the hunter was lawful.