Does falling into water or tumbling (tardiyy) affect the permissibility of game killed by a penetrating wound?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
The famous position attributed to Ahmad, Ibn Mas'ud, 'Ata', Rabi'ah, Ishaq, and the Ashab al-Ra'y holds that there is no difference; whether the wound is penetrating or not, falling into water or tumbling invalidates permissibility if it is potentially fatal. This is based on the Hadith: 'If you find it drowned in water, do not eat it.' The reason is that immersion or tumbling is forbidden due to the fear that it causes death or aids in it.
Supporting text
The later scholars among our companions hold that if the wound is penetrating (like slaughtering or disembowelment), falling into water or tumbling does not matter, as the animal is already judged as slaughtered. This is the view of Al-Shafi'i, Malik, Al-Layth, Qatadah, and Abu Thawr. If the fall into water is in a manner that would not kill the animal (e.g., head above water, or for water birds, or if the tumbling is not fatal to that type of animal), it is permissible without dispute, as the condition that makes it forbidden—the potential to kill—is absent.