His saying - peace be upon him -: "There are two situations in which I am not mentioned: at the time of slaughtering, and (at the time of) sneezing." Recorded by Abu Muhammad al-Khallal with his isnad (25), and because when he mentions someone other than Allah the Exalted, it resembles one who invokes for other than Allah. The third condition is that he releases the hunting animal towards the prey; if it goes off on its own and kills, it is not permitted. This is the opinion of Rabi'ah, Malik, al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y). Ata' and al-Awza'i said: Its prey is eaten if he took it out for hunting. Ishaq said: If he says the Tasmiyah when it escapes, its prey is permitted. He narrated with his isnad from Ibn Umar, that he was asked about dogs [escaping from their enclosures] (26) and then catching prey? He said: "Mention the name of Allah, and eat." Ishaq said: This is what I choose if (27) he did not intend to release it without mentioning the name of Allah upon it. Al-Khallal said: This follows the meaning of Abu Abd Allah's statement. As for our evidence, it is the saying of the Prophet - may Allah bless him and grant him peace -: "If you release your dog, and mention the name of Allah, then eat." And because releasing the hunting animal is placed in the position of slaughtering, which is why the Tasmiyah is considered alongside it. If it went off on its own, but its owner mentioned the name of Allah and urged it on, and it increased its speed, its prey is permitted. Abu Hanifa held this view. Al-Shafi'i said: It is not permitted. From Malik (28), there are two versions similar to these two opinions. As for our evidence, its being urged on had an effect on its speed, so it became as if he had released it; this is because whenever a human action is added to the action of another, the consideration is given to the human's action, as evidenced by the case where a dog attacks a person, and a human incites it, then the liability is upon the one who incited it. If (29) he released it without Tasmiyah, then he mentioned the name of Allah and urged it on, and it increased in speed, the apparent statement of Ahmad is that it is permitted; for he said: "If it is released, then he mentions the name of Allah and it is urged on, or he releases it and mentions the name of Allah, the meaning is nearly the same." The implication of this is permissibility; because it was urged on by his Tasmiyah and his commanding it, so it resembles the previous case. Al-Qadi said: Its prey is not permitted; because the ruling is linked (30) to the first release, unlike the case when it goes off on its own, for then no