and it dies, it is lawful. This is the view of al-Shafi'i, Abu Thawr, and the People of Opinion. Malik said: It is not lawful unless the wound was mortal or it died before falling, based on the saying of the Almighty: "{and the one that has fallen to its death}". Also, because the permitting factor and the prohibiting factor have combined, and prohibition is given precedence, just as if it had drowned. Our position is that it is a prey that fell due to the impact, in a fall for which it is impossible to guard against, therefore it must be lawful, just as if he hit the prey and it fell on its side. What they mentioned is different, for water is something one can guard against, and it is a killer, unlike the ground.
1711- Issue; He said: (And if he shoots a prey, and kills a group, then all of it is lawful.)
The explanation of this issue has preceded, regarding the case where one shoots a prey and hits another.
Section: Ahmad said: There is no harm in night hunting. It was said to him: What about the saying of the Prophet (may Allah bless him and grant him peace): "Let the birds remain in their roosts"? He replied: This was because one of them would desire a matter, so he would incite the birds in order to take an omen; if it was to his right, he would say such-and-such, and if it was to his left, he would say such-and-such, so the Prophet (may Allah bless him and grant him peace) said: "Let the birds remain in their roosts." It was narrated to him on the authority of Ibn Abbas that the Prophet (may Allah bless him and grant him peace) said: "Do not go after birds in their nests, for the night is a sanctuary for them." He said: This is nothing [i.e., unreliable]; it is narrated by Furat ibn al-Sa'ib, and it is nothing, and it was narrated from him by Hafs ibn Umar, and I do not recognize it. Yazid ibn Harun said: I do not know of anyone who disliked night hunting. Yahya ibn Ma'in said: There is no harm in it. He was asked: Is it disliked for a man to hunt young chicks, like the wood pigeon and others? Meaning from their nests. He did not dislike it.
(4) Surah al-Ma'idah, 3. (1) On page 273. (2) In (M): "qawl". (3) In (M): "wakinatiha". (4) Narrated by Abu Dawud, in: Chapter on 'Aqiqah, from the Book of Sacrifices. Sunan Abi Dawud 2/94. And Imam Ahmad, in: al-Musnad 6/381. (5) In the original and (M): "ahadukum". (6) In (A), (B), and (M): "ja'a". (7) In the original: "an". (8) Narrated by al-Tabarani in: al-Mu'jam al-Kabir 3/142. (9) Omitted from (A). (10) al-Warshan: A bird like a pigeon, slightly larger than it.
