upon it, and it killed it, or he killed game on a branch in the Sanctuary while its root is in the area outside (al-hill), he is liable for it. This is the opinion of al-Thawri, al-Shafi'i, Abu Thawr, Ibn al-Mundhir, and the People of Opinion. Abu al-Khattab narrated from Ahmad another report, stating there is no compensation upon him in any of these cases, because the killer is a person not in Ihram and is outside the Sanctuary. This is not correct, for the Prophet (peace and blessings of Allah be upon him) said: "Its game is not to be frightened." He did not distinguish between one who is outside and one inside the Sanctuary, and the Muslims have reached a consensus on the prohibition of the Sanctuary's game, and this is part of its game. Furthermore, the game of the Sanctuary is inviolable due to its location, on account of the sanctity of the Sanctuary, so its prohibition is not restricted to those within the Sanctuary. The same ruling applies if he captures a bird outside the Sanctuary, and its chicks perish inside the Sanctuary; he is liable for the chicks for the reason we mentioned, but he is not liable for the mother, because she is game from outside the Sanctuary, and it is permissible. If the situation is reversed, and he throws at game inside the Sanctuary from outside, or sends his dog after it, or kills game on a branch outside while its root is in the Sanctuary, or captures a dove in the Sanctuary and its chicks perish outside, he bears no liability, just as in the case of being outside the Sanctuary. Ahmad said regarding a person who sends his dog within the Sanctuary and it hunts outside: there is nothing upon him. Another report was narrated from him, in all these scenarios, that he is liable. From al-Shafi'i, there is something that indicates this. Al-Thawri, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir held that for someone who kills a bird on a branch outside while its root is in the Sanctuary: there is no compensation upon him. This is the apparent view of the People of Opinion. Ibn al-Majishun and Ishaq said: There is compensation upon him, because the branch is subordinate to the root, and the root is in the Sanctuary. Our evidence is that the basis is the permissibility of game, and the game of the Sanctuary was prohibited by his (peace and blessings of Allah be upon him) saying: "Its game is not to be frightened." By consensus, everything else remains upon the original ruling. Furthermore, it is game of the area outside the Sanctuary hunted by someone not in Ihram, so it is not prohibited, just as if both were outside the Sanctuary. Also, compensation is only obligatory for the game of the Sanctuary or the game of the Muhrim, and this is neither of those two.

Section: If the game and the hunter are outside the Sanctuary, and he throws at the game with his arrow, or sends...