What is the ruling if the game is found dead, the dogs are distant, and the hunters disagree on ownership before they can reconcile?

General Chapter

Al-Mughni

Book of Hunting and Slaughter

Book 56 · Issue 4 · Bab 1

Open in Qurani

Primary text

The matter is paused until the hunters reach a settlement. If there is fear that the game will spoil before a settlement is reached, the game must be sold, and the proceeds distributed upon agreement.

Supporting text

It is probable that a lot drawing (qur'ah) should be performed among them. The one whose lot is drawn takes ownership after swearing an oath, drawing an analogy to cases where two people claim an animal in the possession of a third party (the opinion of Abu Thawr).