so he shall share in the penalty; for the hunting of the Haram is forbidden to both the one in a state of purity (halal) and the one in a state of ihram. Ahmad has explicitly stated this.

Section: If a person in ihram hunts game and does not own it, and it perishes in his hand, he is liable for its penalty. If he captures it until he exits the state of ihram, he is obligated to release it and has no right to slaughter it; if he does so, or if the game perishes, he is liable for it, and eating it is forbidden. This is because it is game for which he became liable due to the sanctity of ihram, so its consumption is not permitted, just as if he had slaughtered it while in the state of ihram. Furthermore, it is a ritual slaughter (dhakah) that was prohibited to him due to the state of ihram, thus it resembles the case where the state of ihram is still persisting. Abu al-Khattab chose the view that he is permitted to eat it while remaining liable for its penalty, because he slaughtered it while being from among those qualified to slaughter game, thus resembling the case where he hunts it after exiting ihram. The distinction is evident, because this person is held liable for it, whereas the one who hunts it after exiting ihram incurs no liability for it.

579 - Issue: He said: "And he shall not eat it if the person in a state of purity (halal) hunts it for his sake."

There is no disagreement regarding the prohibition of game for the person in ihram if he hunts it or slaughters it. Allah the Almighty has said: "And hunting of land game is forbidden to you while you are in the state of ihram" (1). If a person in a state of purity hunts it and slaughters it, and the person in ihram participated by assisting in it, directing toward it, or signaling toward it, it is also not permitted. Furthermore, if it was hunted for his sake, it is likewise not permitted for him to eat it. This has been narrated from Uthman ibn Affan (2), and it is the view of Malik and al-Shafi'i. Abu Hanifah said: It is permitted for him to eat it, based on the statement of the Prophet (may Allah bless him and grant him peace) in the hadith of Abu Qatadah: "Did any of you order him, or signal to him in any way?" They replied: "No." He said: "Then eat what remains of its meat." Agreed upon (3). This indicates that the prohibition is only related to signaling, ordering, and assisting, and because it is legitimately slaughtered game, in which no act from him or in its cause occurred, so it is not forbidden for him to eat it, just as if it had not been hunted for him. It has been narrated from Ali, Ibn Umar, Aisha, and Ibn Abbas that the meat of hunted game is forbidden to the person in ihram in every circumstance, and this was also held by