he guarantees it for what has diminished; because he does not guarantee what has not been destroyed, and the whole of it has not been destroyed, by evidence of the fact that if another muhrim (person in the state of ihram) killed it, the penalty (jaza') would be obligatory upon him. According to our principle, those who participate in an act share one penalty, and guaranteeing it with a full penalty leads to requiring two penalties. If it disappears without having healed, and its state is unknown, and the wound is of the type that is fatal [meaning it is the type from which it generally does not live] (61), then he is liable for the guarantee of the whole, just as if he had killed it. If it is not of the fatal type, he is liable for the guarantee of what has diminished, and he does not guarantee the whole; because we do not know if the destruction occurred due to his action, so he does not guarantee it, just as if he shot an arrow at game and did not know whether it struck it or not. Likewise, if he found it dead and did not know whether it died from the wounding or from something else. It is possible that he would be obligated to guarantee it in this case because the cause of its destruction originated from him, and no other cause was known for it, so it is necessary to attribute it to the known cause, just as if impurity fell into water and he found it changed in a way that could have been caused by it; for we would judge it to be impure. Similarly, if he shot game and it disappeared from his sight, then he found it dead with no mark on it other than his arrow, it is lawful to eat. If the injury made it incapable of avoiding harm, and he does not know whether it became capable or not, he is liable for the guarantee of the whole; because the default assumption is the lack of capacity to avoid harm.

Section: If he wounds game, and it struggles and falls into something, causing it to die, he guarantees it; because it died due to his cause. Likewise, if he startles it, and it dies while startled, he guarantees it. But if it settles in a place and is safe from being startled, then dies, he does not guarantee it. We have already mentioned another opinion: that he guarantees it in the place to which it moved; because Al-Shafi'i narrated in his "Musnad" (62), from Umar, may Allah be pleased with him, that he entered Dar al-Nadwa, and threw his cloak over a bird standing in the house, causing it to fly away, so it fell onto another standing [bird] (63), and a snake attacked it