Is game hunted by a dog belonging to a Magian permissible to eat?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
Game hunted by a Magian's dog is forbidden. This ruling is established because when prohibition and permission coincide, prohibition prevails. This is analogous to that which results from a mixture of permissible and impermissible elements. Furthermore, the default ruling is prohibition, and permissibility is contingent upon the condition of slaughter (*Tadhkiyah*) being performed by someone qualified to perform slaughter, or by means of the hunter whose action effects the *Tadhkiyah*. This condition was not met. This applies whether the dog kills the game upon release or if the game is struck by projectiles released simultaneously by a Muslim and a Magian, or sequentially, provided the first strike did not complete the *Tadhkiyah*.
Supporting text
If the first missile strikes and wounds the animal in a manner that effects slaughter (e.g., slitting the throat, putting it in the state of a slaughtered animal), and the second missile strikes while the animal is not yet fully slaughtered, the ruling follows the first strike. If the first striker was the Muslim, the game is permissible; if the first striker was the Magian, it is forbidden. If the second missile also effects slaughter, the majority of our scholars hold that the ruling follows the first strike because the permissibility was already established by it, similar to if the second strike had no effect. However, based on the view of Al-Kharqi, it may not be permissible because the soul did not depart before an external factor, like water or being trodden upon, intervened after the initial wound. If the first strike was not effective for slaughter and the second strike was effective for slaughter, the ruling of prohibition follows the second strike.