Among those who disliked bringing game into the Sanctuary are Ibn Umar, Ibn Abbas, Aisha, Ata, Tawus, Ishaq, and the People of Opinion (Ashab al-Ra'y). Jabir ibn Abdullah granted a concession regarding it, and a narration of dislike was also transmitted from him; it was reported by Sa'id. Hisham ibn Urwah said: Ibn al-Zubayr saw them in cages for nine years, and the Companions of the Prophet (peace and blessings of Allah be upon him) did not see any harm in it. Sa'id ibn Jubayr, Mujahid, Malik, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir also granted a concession regarding it, because he owned it outside, and it was permissible for him to dispose of it, so it is permissible for him to do so inside the Sanctuary, like the game of Medina when brought into its sanctuary. Our evidence is that the Sanctuary is a cause that prohibits game and necessitates compensation, so it prohibits the continuation of possessing it, like Ihram. Furthermore, it is game he slaughtered in the Sanctuary, so he is obligated to pay compensation for it, just as if he had hunted it there. The game of Medina carries no compensation, unlike the game of the Sanctuary.
Section: The game of the Sanctuary carries liability through indicating (pointing) and signaling, just like the game of Ihram, and the obligation for both is a single compensation. Ahmad explicitly stated this. The apparent meaning of his words is that there is no difference between whether the person indicating is outside or inside the Sanctuary. The Qadi said: There is no compensation on the one who indicates if he is outside the Sanctuary, and the compensation is on the one who is signaled to alone, as in the case of a person not in Ihram (halal) when he points out game to a Muhrim. Our evidence is that killing the game of the Sanctuary is prohibited for the one who indicates it, so he is liable through indication, just as if he were in the Sanctuary. This is confirmed by the fact that the game of the Sanctuary is prohibited to everyone, due to his (peace and blessings of Allah be upon him) saying: "Its game is not to be frightened." In another wording: "Its game is not to be hunted." This is general for everyone. Furthermore, the game of the Sanctuary is inviolable by its location, so killing it is prohibited for both of them, like one who seeks refuge in the Sanctuary. When the prohibition for both is established, liability is incurred by indication from whoever is prohibited from killing it, just as liability is incurred by the indication of a Muhrim toward it.
Section: If a person not in Ihram throws at game in the Sanctuary from outside, and kills it, or sends his dog...
(8) Omitted from B and M. (9) In manuscripts A, B, and M: "fi" (in). (10) Omitted from A, B, and M.