Is one who loans a weapon to a hunter liable if the weapon is used to kill game?

Chapter on What the Muhrim Must Avoid and What is Permissible for Him

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 3

Open in Qurani

Primary text

Liability is established for the one who loans a weapon if the borrower subsequently uses it to kill game, whether the loaned item is essential for the kill or is something the borrower possesses in abundance. This ruling applies even if the loaner merely assisted the hunter, such as by handing over a whip or spear, or commanded the hunting. This is based on the precedent set by the Hadith of Abu Qatada, where companions stated, "By Allah, we will not assist you in that with anything," and the Prophet's inquiry, "Did any of you command him to strike it, or point towards it?". The same liability applies if one loans a knife and it is used for ritual slaughter (dhabh).