What is the ruling if a hunter sets a predatory animal upon game, and the predator kills it without the hunter being able to perform the slaughter?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
If the hunter sets his animal upon game and the predator kills it without the hunter being able to perform the prescribed slaughter, and there is no time to bring it home for slaughter, the game is permissible to eat. This position is ascribed to Al-Kharqi, Al-Hasan, and Ibrahim, arguing that since the predator killed the game without the possibility of proper slaughter, it is permitted, analogous to game found already dead. This is also considered a situation where slaughter of the throat or jugular is typically impossible.
Supporting text
The majority of scholars, including Ahmad in one account, view this as impermissible because it is controllable, and therefore, killing by the predator is not permitted unless proper slaughter is performed, similar to domesticated livestock. Another view suggests letting it die naturally makes it permissible because slaughter was impossible, equating it to game where the jugular area was inaccessible.