the slaughter (dhakah). If he is an idolater, an apostate, a Magian, or from other than the Muslims and the People of the Book, or if he is insane, his hunting is not permissible, because hunting has been established in place of the slaughter, and the hunting animal is a tool like a knife, and its wounding of the animal is equivalent to the cutting of the jugular veins. The Prophet - may Allah bless him and grant him peace - said: "For the taking of the dog is its slaughter." (3) The hunter is in the position of the slaughterer, so legal capacity is a condition for him. The second condition is to mention the name of Allah upon releasing the hunting animal. If one abandons the tasmiyah (mentioning the name of Allah) intentionally or out of forgetfulness, it is not permissible. This is the established position of the madhhab. It is also the view of al-Sha'bi, Abu Thawr, and Dawud. Hanbal reported from Ahmad: "If he forgets the tasmiyah over the slaughtered animal and the dog, it is permissible." Al-Khallal said: "Hanbal erred in his report, for in the beginning of his issue, he stated: If he forgets and it kills, he shall not eat." Among those who permit that from which the tasmiyah was omitted due to forgetfulness, but not intentional omission, are Abu Hanifa and Malik, due to the saying of the Prophet - may Allah bless him and grant him peace: "My nation has been forgiven for mistakes and forgetfulness." (6) And because releasing the hunting animal proceeds in the manner of the slaughter, so forgetfulness is pardoned therein, like in the slaughter. And from Ahmad, it is held that the tasmiyah is a condition for releasing the dog in both cases of intention and forgetfulness (7), whereas this is not required for releasing an arrow, [because the arrow] (8) is an instrument (9) in reality, and it has no volition, so it is in the status of a knife, contrary to the animal, for it acts by its own volition. Al-Shafi'i said: "It is permissible even if the tasmiyah is abandoned intentionally or out of forgetfulness (10)," because al-Bara' reported that the Prophet - may Allah bless him and grant him peace - said: "The Muslim slaughters upon the name of Allah, whether he mentioned it or did not mention it." (11) And from Abu Hurayrah, may Allah be pleased with him, that the Prophet - may Allah bless him and grant him peace - was asked, and it was said: "What do you think of a man among us who slaughters and forgets to mention the name of Allah?" He said: "The name of Allah is in the heart of every Muslim." (12) And there is another narration from Ahmad similar to this. Our argument is the saying of the Almighty: {And do not eat of that upon which the name of Allah has not been mentioned} (13). And He said: {Then eat of that which they have caught for you and mention the name of Allah upon it} (14). And the Prophet - may Allah bless him and grant him peace - said: "If you send your dog and mention the name of Allah, then eat." I said: "I send my dog but I find another dog with it?" He said: "Do not eat, for you only mentioned the name of Allah upon your dog, and you did not mention it upon the other." Both are agreed upon (15). In one wording: "And if it mixes with dogs upon which the name of Allah was not mentioned, and they catch it and kill it, then do not eat." (16) And in the hadith of Abu Tha'labah: "And what you hunt with your bow, and you mentioned the name of Allah upon it, then eat." (17) These are authentic texts, and one should not turn to what contradicts them. And his statement: "My nation has been forgiven for mistakes and forgetfulness," necessitates the negation of...