What is the liability if the wounded game recovers but remains unable to reproduce (muntami'an)?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
If the wounded game heals but remains permanently incapable of reproduction (muntami'an), the hunter must compensate for its entire value. This is because the hunter has rendered it useless, equating it to total destruction, and because this condition leads toward its total loss, similar to a wound that guarantees death.
Supporting text
An alternative derivation suggests that compensation should only cover the diminished value because the entire animal was not destroyed. This is evidenced by the fact that if another pilgrim (muhrim) kills it, the penalty is a full retribution (jazaa'). Since our principle dictates that shared offenders incur a single penalty, imposing a full penalty here risks imposing two penalties.