What is the liability if game held in direct physical possession perishes before release is possible?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 6

Open in Qurani

Primary text

If the game perishes while in his direct physical possession after he had the ability to release it, he becomes liable for its value because its demise occurred while under an established, illicit holding, thus necessitating guarantee, similar to the property of a human being.

Supporting text

If the game perishes before the possibility of release arises, there is no liability because he is neither negligent nor transgressive.