Is liability incurred if game wounded by a person perishes after being caused to fall into something destructive?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 6

Open in Qurani

Primary text

Liability for the game is incurred if the person who wounded it causes it to fall into something that results in its destruction, because the destruction occurred as a direct result of their action. Similarly, if the game is scared away and perishes while fleeing, liability is incurred. However, if the game settles in a place and is safe from being scared away, and then perishes, liability is not incurred. An alternative view suggests liability remains for the game in the location to which it moved, based on a report involving Umar ibn Al-Khattab regarding a bird that was startled and subsequently killed by a snake, where Umar felt responsible for moving the bird from safety to peril. This is supported by a ruling concerning a goat ('anz thunniya 'afra') that was judged against the Commander of the Faithful.

Supporting text

It is related that liability remains in the place where the game was destroyed.