and the people of rationalist opinion (Ahl al-Ra'y). Al-Awza'i said: It is lawful in this case. Our argument is that sending the dog against the game is a condition for what we have explained, and it was not found in one of the two.
Section: If a Muslim sends his dog, and a Magian sends his dog, and the Magian's dog turns the game toward the Muslim's dog, and it kills it, its consumption is lawful. This is the view of al-Shafi'i and Abu Thawr. Abu Hanifa said: It is not lawful, because the Magian's dog assisted in its hunting, so it is similar to if it had wounded it. Our argument is that the Muslim's hunting animal alone performed the killing, so it is permitted, just as if a Magian shot his arrow, the game turned, and a Muslim's arrow hit and killed it, or a Magian caught a sheep and a Muslim slaughtered it. With this, what he said is invalidated.
Section: If a Magian hunts with a Muslim's dog, his game is not permitted, according to all of them. But if a Muslim hunts with a Magian's dog and it kills, his game is lawful. This was stated by Sa'id ibn al-Musayyib, al-Hakam, Malik, al-Shafi'i, Abu Thawr, and the people of rationalist opinion. It is narrated from Ahmad that it is not permitted, and it was disliked by Jabir, al-Hasan, Mujahid, al-Nakha'i, and al-Thawri, due to His saying, the Most High: "...of those you have trained as hunting animals (Mukallibin)" (Quran 5:4). This one was not trained by him [the Muslim]. It is narrated from al-Hasan that he disliked hunting with the dog of a Jew or a Christian, due to this verse. Our argument is that it is a tool with which a Muslim hunted, so its game is lawful, like the bow and the arrow. Ibn al-Musayyib said: It is in the position of his blade. The verse indicated the permissibility of game by what we have trained and what others have trained for us; it is in its meaning, so the ruling is established by the analogy we mentioned. This is confirmed by the fact that training only has an effect in making it a tool, and legal capacity (ahliyya) is not stipulated for that, like the work of
(13) In the copies: "shartan" (a condition). (14) In (A) and (B): "al-muslim" (the Muslim). (15) In (M): "al-majusi" (the Magian). (16) In (A) an addition: "wa-Ishaq" (and Ishaq). (17) Surah al-Ma'idah, 4. (18) In (M): "hiya" (it is). (19) In (M): "tushrat" (is stipulated).
