your arrow, then eat. And if it falls into the water, do not eat." Narrated by al-Bukhari. He (peace be upon him) also said: "And if you find it drowned in the water, do not eat it." This is because if a mark is found on it that is capable of having killed it, then the opposing factor has been established, and it is not permitted, just as if he found with his dog another dog beside it. As for if the mark is one that does not kill—such as a weak animal like a cat or a fox eating from a strong animal—then it is permissible, because he knows that this did not kill it, and it is similar to the case where it was crushed by its fall.

1710- Issue; He said: (And if he shoots it, and it falls into water, or falls from a mountain, it shall not be eaten.)

Meaning, it falls into water that would kill an animal like it, or it falls in a way that would kill an animal like it. There is no difference in the view of al-Khiraqi between the wound being mortal or non-mortal. This is the well-known position of Ahmad, and the manifest view of Ibn Mas'ud, 'Ata', Rabi'a, Ishaq, and the People of Opinion (Ashab al-Ra'y). Most of our later companions say: If the wound was mortal, such as if he slaughtered it or its innards were eviscerated, then falling into water or falling from a height does not harm it. This is the view of al-Shafi'i, Malik, al-Layth, Qatada, and Abu Thawr; because it has reached the status of a dead animal through the slaughter, so what happens to it afterwards has no effect. The basis for the first view is his saying: "And if it falls into water, do not eat." And because it is possible that the water contributed to the departure of its soul, so it becomes equivalent to the case where the wound was not mortal, and there is no disagreement regarding its prohibition if the wound was not mortal. If the animal falls into water in a way that does not kill it, such as its head being out of the water, or it is a water bird that is not killed by water, or if the fall would not kill such an animal, then there is no disagreement regarding its permissibility, because the Prophet (may Allah bless him and grant him peace) said: "If you find it drowned in water, do not eat it." And because falling into water and falling from a height were only forbidden for fear that it might be the killer or contributed to the killing, and this is negated in the case we mentioned.

Section: If he shoots a bird in the air, or on a tree, or a mountain, and it falls to the ground,