Is a valid hunter (Halal) liable for penalty if they hunt game 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
Liability for penalty is established if a lawful hunter shoots game in the Sacred Precinct, kills it, sends their dog into the Precinct to kill it, or kills game situated on a branch whose trunk is in the lawful area (Hill) but the branch overhangs the Precinct. This view is held by Al-Thawri, Al-Shafi'i, Abu Thawr, Ibn al-Mundhir, and the Ashab al-Ra'y (Hanafi school). The evidence for liability rests upon the Prophet's saying, "Do not scare away its game," which did not differentiate between one situated in the Hill or the Haram. Furthermore, there is a consensus among Muslims regarding the prohibition of hunting game in the Haram, and this game is protected due to the sanctity of the location.
Supporting text
A narration reported from Ahmad suggests no penalty in these cases because the killer was lawfully hunting in the Hill area. However, this opinion is deemed invalid.