Is game permissible (halal) to eat if the hunter intended it as game, but was mistaken about the target's existence?

General Chapter

Al-Mughni

Book of Hunting and Slaughter

Book 56 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the hunter suspects the target is game, it is permissible (halal) to eat because the existence of game was suspected, similar to actually seeing it.

Supporting text

If the hunter is doubtful whether it is game or if his stronger assumption is that it is not game, it is not permissible because the validity of the intention (qasd) depends upon certainty, which was lacking.