Is game that falls to the ground dead after being shot in the air or at a tree/mountain lawful to eat?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
Game struck by a projectile while in the air, or at a tree or mountain, and subsequently dies upon falling to the earth, is lawful (halal). This is the position held by Al-Shafi'i, Abu Thawr, and the Ashab al-Ra'y (Hanafi school). The justification is that the death resulted from a fall that could not be prevented after the projectile struck, thus it must be lawful, analogous to game struck and falling onto its side. The act is considered permissible because the fall was a consequence of the initial, permissible strike.
Supporting text
Malik holds that it is unlawful unless the wound itself was mortal, or the animal died before it reached the ground. This opinion is based on the verse concerning the *mutaraddiyah* (that which dies by falling, Quran 5:3). Furthermore, where there is a confluence of the lawful and the unlawful action, the prohibition prevails, similar to drowning.