in Ihram. It is narrated from Dawud that there is no compensation for it, because the original state is the freedom of liability (bara'at al-dhimma), and no text has been transmitted regarding it, so it remains in its original state. Our evidence is that the Companions, may Allah be pleased with them, decreed the compensation of a sheep for the doves of the Sanctuary. This was narrated from Umar, Uthman, Ibn Umar, and Ibn Abbas. No disagreement was reported from others, so it constitutes a consensus. Furthermore, it is game prohibited for the sake of Allah Almighty, so it resembles game in the right of the Muhrim.

Section: Whatever is prohibited and carries liability during Ihram is also prohibited and carries liability in the Sanctuary, and whatever is not, is not, except for two things. The first is lice; there is disagreement regarding killing them during Ihram, but it is permissible in the Sanctuary without disagreement because it was prohibited in Ihram for the sake of comfort in killing and removing it, not because of its sanctity, and comfort is not prohibited in the Sanctuary, so it resembles cutting hair and clipping nails. The second is sea game; it is permissible during Ihram without disagreement, but it is not permissible to hunt it from the wells and springs of the Sanctuary. Jabir ibn Abdullah disliked this, due to the generality of his saying (peace and blessings of Allah be upon him): "Its game is not to be frightened." And because the sanctity is established for the game, like the sanctity of the location, which encompasses all game, and because it is non-harmful game, so it resembles gazelles. From Ahmad, there is another narration that it is permissible because Ihram does not prohibit it, so it resembles predators and domestic animals.

Section: The game of the Sanctuary carries liability in the case of the Muslim, the disbeliever, the adult, the child, the free person, and the slave, because the sanctity has attached to its location in relation to everyone, so its liability is obligatory, like a human being.

Section: Whoever owns game outside the Sanctuary and then brings it into the Sanctuary is obligated to release his hold on it and set it free. If it perishes in his hand, or he destroys it, he is liable for it, just like game from outside the Sanctuary in the case of a Muhrim. Ata said: "If he slaughters it, he must pay compensation." This was also narrated from Ibn Umar.