Is the unlawful person liable if an act of noticing or showing interest in the game occurs instead of direct guidance?

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 an unlawful person exhibits an act of transgression upon seeing the game, such as laughing or looking intently (istishraf) at the game, and another person notices this and kills it, the initial unlawful person bears no liability. This is evidenced by the report concerning Abu Qatada, who narrated that while they were with the Messenger of Allah (peace be upon him), some companions were looking intently at something, which turned out to be a wild donkey. The different narrations of this hadith, which mention laughter or intense looking without subsequent reporting of the sighting, support the conclusion that mere noticing or expressing interest does not incur liability.