Is game hunted by severing a part of it while still alive permissible to eat?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
The act of hunting known as 'al-Taridah' (severing a piece of game while it is still alive) is permissible. This ruling is supported by Ahmad, who stated that Muslims practiced this during their military expeditions, and people have consistently done so. Al-Taridah is defined as when game falls among a group, and one person cuts a piece off with his sword, and another cuts a piece, until the animal is taken while still alive. If the hunter wounds or kills the game with a bladed instrument ('al-Manajil'), it is lawful. A detached part of the game resulting from the hunter's blow is judged according to the ruling of a part detached by the initial strike of the hunter. This view is related from Ibn Umar, and it is the opinion of Al-Hasan and Qatadah. The evidence for permissibility includes the statement of the Prophet, peace be upon him: 'Everything that your hand retrieves.' Furthermore, the game was killed by a bladed instrument in the customary manner of hunting, thus resembling being shot with an arrow. The intent was to kill the game with an implement customarily used for hunting.
Supporting text
Al-Shafi'i holds that it is never permissible because no proper slaughter ('dhakah') took place. The game was killed by the instrument itself, and the hunter only provided the cause, analogous to setting a knife that kills a sheep. He further argues that if a person shoots an arrow without seeing game and kills one, it is not lawful, making this case even less lawful.