and killed it. He said to Uthman ibn Affan and Nafi' ibn Abd al-Harith: "I feel within myself that I startled it from a place where it was safe to a location where its death occurred" (65). Nafi' said to Uthman: "What is your opinion regarding a ewe of a year old, that it be judged upon the Commander of the Faithful?" Uthman replied: "I am of that opinion." So Umar, may Allah be pleased with him, ordered it.

Section: Everything by which a human is guaranteed [as a liability], game is also guaranteed, whether through direct action or by cause. Whatever his animal injures with its mouth or hand from the game, the liability is upon its rider, its leader, or its driver. Whatever it injures with its leg, there is no liability upon him, because it is not possible to restrain its leg. The Qadi said: The driver guarantees all of its injuries, because he has authority over it and observes its leg. Ibn Aqil said: There is no liability upon him for the leg, because the Prophet, peace and blessings of Allah be upon him, said: "The leg is exempt from liability (jubar)" (66). If it escapes (67) and destroys game, he is not liable for it, because he has no control over it, and the Prophet, peace and blessings of Allah be upon him, has said: "The beast is exempt from liability (jubar)" (69). Likewise, if it destroyed a human, he would not be liable. If a muhrim sets up a net or digs a well, and game falls into it, he is liable for it because it is by his cause, just as one is liable for a human, unless he dug the well lawfully, such as digging it in his own house or on a wide path where Muslims benefit from it; in that case, it is appropriate that he is not liable for what is destroyed by it, just as he would not be liable for a human. If he set up a net before entering ihram, and game fell into it after he entered ihram, he is not liable for it; because no causation for its destruction occurred from him after his entering ihram. This is similar to if he hunted it before entering ihram and left it in his house, and it was destroyed after he entered ihram, or if he sold it while he was in a state of being permitted (halal), and the purchaser slaughtered it.