the Prophet (may Allah bless him and grant him peace) in the hadith of Abu Qatadah: "Is there anyone among you who ordered him to carry it, or pointed to it?" They said: "No." He said: "Then eat it" (23). The implication is that the indication of one of them makes it forbidden for all of them.

Section: If a person in ihram kills game and then eats it, he is liable for the killing, not for the eating. This is the opinion of Malik and al-Shafi'i. Ata' and Abu Hanifah said: He is also liable for the eating because he ate from game that is forbidden to him, so he is liable for it (24), just as if he had eaten from what was hunted for his sake. Our argument is that it is game for which a penalty (jaza') is due, and it is not guaranteed a second time, just as if he had destroyed it by means other than eating, and similar to the game of the Sanctuary (Haram) if a person who is halal kills it and eats it. Likewise, if another person in ihram kills it and then this person eats from it, no penalty is due upon him, for the reason we have mentioned. Moreover, its prohibition is due to it being carrion (mayta), and carrion is not subject to a penalty. Similarly, if eating it was forbidden to him because he pointed to it or assisted in it (25), and he ate from it, he is not liable, because it is game for which a penalty is due once, so no second penalty is due for it, just as if he had destroyed it. But if he eats from what was hunted for his sake, he is liable for it. This is the opinion of Malik. Al-Shafi'i expressed this in his old view (qadim), but in his new view (jadid) he said: No penalty is due upon him because it is the eating of game, so no penalty is due for it, just as if he killed it and then ate it. Our argument is that it is an act of destruction which is prohibited due to the sanctity of ihram, so liability attaches to it, like the killing. As for when he kills it and then eats it, it is not forbidden for the act of destruction; rather, it is forbidden because it is carrion. When this is established, he is liable for it with its equivalent in meat, because its original status is guaranteed by its equivalent in livestock, so its parts are likewise guaranteed by their equivalents, unlike the human body, for it is guaranteed (26) by its value, and thus its parts are as well.

Section: If a person in ihram slaughters game, it becomes carrion (mayta) and is forbidden for all people to eat. This is the opinion of al-Hasan, al-Qasim, Salim, Malik, al-Awza'i, and al-Shafi'i,