What is the liability if wounded game disappears without healing being confirmed?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
If the wounded game disappears without its healing status being known, and the wound itself was one that necessitates a penalty (mujibah), the hunter is liable for the entire value, as if he had killed it. If the wound was not one that necessitates a penalty, the hunter is liable only for the diminished value, not the entire animal, because the occurrence of total loss due to his action is not confirmed. This is analogous to shooting at game and being uncertain if the arrow struck, or finding the game dead without knowing if the death was from the wound or another cause.
Supporting text
It is reasoned that compensation for the full value is obligatory in this case because the hunter initiated the cause of its destruction, and no other cause is known; therefore, the outcome should be attributed to the known cause. This is comparable to finding water contaminated in a way that is consistent with a known impurity, where we rule it impure. Similarly, if one shoots game, it disappears, and is later found dead with no mark other than the arrow, it is permissible to eat.