What is the ruling regarding a voluntarily dedicated Hady that becomes impaired or lost?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
If a voluntarily dedicated Hady is lost or becomes impaired without negligence on the part of the guide, the guide is not required to provide a replacement, unless he chooses to do so. This is established by the report from Ibn Umar that the Prophet (peace be upon him) said, regarding a voluntary offering that is lost, that there is no replacement due unless the owner wishes. However, if it was a vow (nadhr), replacement is obligatory. If the impairment occurred due to the guide's fault, compensation equal to the value reduction is due and must be given as charity.
Supporting text
Another narration indicates that if it is a voluntary offering and becomes impaired, the owner may replace it or eat from it, but if it was a vow, he must replace it. Malik permitted the guide's companions and others to eat from it, but not the guide himself or the driver, holding them liable if they ate or ordered consumption. This contrasts with the view held by Al-Shafi'i and Sa'id bin Jubayr.