What is the ruling on damaging a part of legally hunted game?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
Damaging a part of the hunted game necessitates compensation (daman) because the whole is subject to compensation, thus its part must also be compensated, analogous to a human being or wealth. The Prophet (peace be upon him) stated, 'Its game must not be scared away,' and wounding is a stronger prohibition, implying prohibition. Any prohibited hunting requires compensation for the damaged part, similar to compensating for the entire animal. One opinion holds that compensation must be rendered in kind (mithl) for the damaged portion, as is the rule for commodities measured by volume. This is because if the entirety requires compensation in kind, its part also requires compensation in kind, like measures of grain.
Supporting text
The alternative view posits that compensation is due as the value of the damaged portion in kind. This is based on the difficulty of extracting a physical part (juz') as retribution, which leads the Lawgiver to substitute a sheep for a fifth of camels, foregoing a part of the camel itself. However, the first view is stronger because the hardship is not fixed here, as the hunter has the choice to commute the penalty to food or fasting, negating the obstacle and establishing the default principle.