Must the hunter actively send the trained animal upon the game, or is self-initiation sufficient?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
The third condition requires the hunter to send the predatory animal upon the game. If the animal runs off by itself and kills the game, the catch is not permissible. This is the view of Rabi'ah, Malik, Al-Shafi'i, Abu Thawr, and the companions of Ra'y. This is because the act of sending (Irsal) is equated to the act of slaughter, necessitating the Tasmiyah. If the animal starts off on its own but the owner calls out, mentions Allah's name, and urges it forward, the game is permissible, as the owner's action influences the pursuit, making it analogous to direct sending.
Supporting text
A'ta and Al-Awza'i permit the game if the animal was released with the intention of hunting, even if it runs off alone. Ishaq permits it if the owner mentions the name of Allah upon its running off. Ibn Umar narrated that if dogs run off from their kennels and hunt, one should mention Allah's name and eat. Abu Hanifah permits the catch if the owner names Allah and restrains the animal after it started chasing on its own. Al-Shafi'i disagrees with this last point.