the bow and the arrow. It is only stipulated in what is set in the place of slaughtering (dhakah), which is the sending of the tool, whether the dog or the arrow, and the condition is fulfilled here.
Section: If a group sends dogs and they pronounce the name of Allah (tasmiyah), then find the game killed without knowing which one killed it, its consumption is lawful. If they differ regarding its killer and the dogs are attached to it, it belongs to them equally because everyone participated in capturing it; this is similar to the case if it were in the hands of the hunters or their slaves. If some are attached to it and others are not, it belongs to the person whose dog is attached to it, and the one for whom we have ruled it to be has the oath in both scenarios because his claim is plausible, so the burden of the oath is upon him, like the possessor of the property (sahib al-yad). If it is dead and the dogs are aside, the matter is suspended until they reach a settlement. It is possible that lots should be drawn between them; whoever the lots fall to must swear an oath and it becomes theirs. This is the view of Abu Thawr, and it is analogous to the case if they both lay claim to an animal in the possession of someone else. According to the first view, if it is feared that it will spoil before they reach a settlement regarding it, they sell it and then settle the dispute over its price.
1708 - Issue: He said: "And if he pronounces the name of Allah and shoots at a game, and it hits something else, it is lawful to eat it."
And the totality of this matter is that hunting with arrows of every sharpened type is lawful without disagreement, and it is included in the general meaning of His saying, the Most High: "So hunt" (Quran 5:2). The Prophet (may Allah bless him and grant him peace) said: "Whatever you have hunted with your bow, and you have mentioned the name of Allah over it, then eat." It is reported from Abu Qatada that he was with the Messenger of Allah (may Allah bless him and grant him peace) when he saw a wild ass. He steadied himself on his horse, took his spear, then charged at the ass and killed it. When they caught up to the Messenger of Allah (may Allah bless him and grant him peace), they asked him about that, and he said: "It is only a provision that Allah has provided for you." This is agreed upon.
(20) In the original and (M): "al-sayyadin" (the hunters). (21) Omitted from the original, (B), and (M). (22) The conjunction "wa" (and) is omitted from (A), (B), and (M). (1) In the original, (B), and (M): "fa-asabat" (it hit). (2) Omitted from (A). (3) Surah al-Ma'idah, 2. (4) Its derivation has preceded on page 256.
