it was therefore forbidden to him, just as in the case of initiation, for the continuation of holding is [itself] holding, as evidenced by the fact that if one swore not to hold anything, but continued to hold it, he would have committed a breach of oath. Once this is established, whenever he releases it, his ownership of it does not cease. Whoever takes it must return it to him when he (the muhrim) exits ihram, and whoever kills it must compensate him for it, because his ownership remained upon it, and the removal of physical possession does not remove ownership, as evidenced by the cases of usurpation and lending. If it perishes in his hand after he had the possibility of releasing it, he is liable for it, because it perished while under wrongful possession; thus, compensation is incumbent upon him, like the property of a person. If it perishes before the possibility of releasing it, there is no liability upon him, because he is not considered negligent or an aggressor. If someone else releases it from his hand, there is no liability upon him, because he has performed what was incumbent upon him to perform, and because the authority and sanctity of the possession have ceased. If he retains it until he exits ihram, his ownership remains, for his ownership did not cease upon entering ihram; only the legal authority of physical possession ceased, so it became like fruit juice that ferments and then turns into vinegar before it is poured out.

Section: A muhrim does not acquire ownership of game initially through sale, gifting, or similar means. For al-Sa'b ibn Jaththama gifted the Messenger of Allah (may Allah bless him and grant him peace) a wild donkey, and he (the Prophet) returned it to him, saying: "We only returned it to you because we are in a state of ihram." If he takes it through one of these means and it then perishes, he is liable for its penalty. If it was purchased, he is liable for its value to its owner along with the penalty, because the owner's ownership of it did not cease. If he takes it as a pledge, there is nothing upon him except the penalty. If it does not perish, he is obligated to return it to its owner. If he releases it, he is liable for its value, just as if he had destroyed it, and there is no penalty upon him, and he is obligated to return the sold item as well. It is possible that he is obligated to release it, just as if it were property owned by him; for it is not permissible for him to establish his physical possession over the game. This is the opinion of al-Shafi'i and the scholars of reason (Ahl al-Ra'y). A muhrim does not take back game that he sold while he was halal (not in ihram) due to a right of option or a defect in its price or otherwise, because that would be an initiation of ownership over game, which is forbidden to him. If the purchaser returns it to him due to a defect or an option, he may do so, because the cause for the return is verified; then, it does not enter into the muhrim's ownership, and he is obligated to release it.

Section: If a muhrim inherits game, he owns it, because ownership by inheritance is not an act on his part; rather, it enters his ownership by rule of law, whether he chooses it or dislikes it. For this reason, it enters the ownership of a minor and the insane, and a Muslim inherits it into the ownership of a disbeliever; thus, it runs according to the ruling of continuation. It is possible that he does not own it thereby, because it is a means of acquisition, so it resembles a sale and others. According to this, he is more entitled to it without the establishment of ownership over it, and once he exits ihram, he owns it.

690- Issue; He said: "Whoever does not stand at Arafat until the dawn of the Day of Sacrifice rises has nullified his Hajj with an 'Umrah, must slaughter if he has a sacrificial animal with him, must perform Hajj the following year, and must offer a blood sacrifice."

The discussion on this issue is in four sections: The first is that the final time for the standing (wuquf) is the end of the night of the Day of Sacrifice. So whoever does not catch the standing until the dawn of that day rises has missed the Hajj; we know of no disagreement regarding this. Jabir said: "Hajj is not missed until the dawn rises on the night of Jam' (Muzdalifah)." Abu al-Zubayr said: I said to him, "Did the Messenger of Allah (may Allah bless him and grant him peace) say that?" He said, "Yes." Al-Athram narrated it with his chain of narration. The saying of the Prophet (may Allah bless him and grant him peace): "Hajj is Arafat; whoever comes before the dawn prayer of the night of Jam', his Hajj is complete," indicates its missing upon the passing of the night of Jam'. Ibn Umar narrated...