I f a dog (for inftance) catch game feveral times 'without eating it,
and afterwards catching game eat part of.it, fitch game cannot lawfully
be eaten, as the pircumftance of the dog eating it is a proof that he has
not been properly trained. In the fame manner alfo, the game which
he may-after wards take is not lawful until he (hall have been trained
anew, concerning which the fame difference of opinion obtains as
that already fet forth concerning a training in the beginning. With
refpeft to the game previoufly taken by him, illegality does not attach
to fuch parts of it as have been eaten, fince there the fubjeSi no longer
remains; but with refpeft to fuch parts/as have not been preferved,
(that is, have been left upon the plain,) they are unlawful according
to all our doctors. As to what - may have been preferved, (that is,
what the hunter may have carried to his own houfe,) it is unlawful,
according to Htmeefa. The two difciples maintain it to be lawful;
for they contend that the circumftance o f the dog eating at that time
is no argument of his not having been previoufly trained, as an art
may be acquired and afterwards forgotten. T h e argument o f Ha-
neefa, on the contrary, is that the dog’s eating of the game at that
period is a proof of his never having been properly trained from the
firfl. " ,
I f a hawk fly from its matter, and remain for a while in a ftate of
wildnefs and flight, and afterwards catch game, fuch game is not
lawful, as the hawk in that ftate is not trained-, for the lign of being
trained is to return to its matter; and as it did not fo return, the fign
no longer remains; whence it is confidered in the fame light as a dog
which eats his game.
A dog does . If a dag eat the blood of his game, and fiot the flefh, the -game'is
■ not gender his , c , j r . . J v - °
game unlaw- »wtui, and capable of being eaten, as the dog has preferved it for his
its B p IM ma^er’ which argues him to have been well trained, fince he eat merely
what was unfit far his matter, and preferved what was fit for him-
Game caught
by a hawk,
after it has
returned to
its wild ftate,
is not lawful.
I f
If a hunter, having taken the game from his trained dog, eut of?
a piece Of it, and throw it to the dbg,'- and the dog-eat the feme, ttill
thé remaining part of it Is lawful,- as it is not then game; the cate
being, in fa£fe, the fame as i f a' perfon Were fO'throw to a-dog any
other kind of food. The law is -the fame where a dog leaps upon his-'
matter, and takes from h imp art'o f the dead game in his hands and
eats it ; this being limilar to where a dog attacks his mafier’s goat,
and'kills it, which is no proof o f the dog’s: not being trained.
If a dog lay hold' of game with his teeth, and having bitten off
the part eat it, and afterwards catch the game and kill it, without1
eating atfy other part of it,- thé'game I s unlawful; Bfccatffè' Upon the
dog easting part of his game it becomes evident that He is not trained.
If, on the contrary, he drop the part bitten off, and having-purfued
the game kill it and; deliver it Up'to his matter without eating ally
part of it, and having afterwards patted by the pa'rt Bitten off èat the
tame, the game isr lawful;- for as, i f the dbg, under thefe encum-
ftane-es, had eaten part of the body of the game-in the hands o f his
matter it would have been of no coniixjuence, it follows that it is, a
fortiori, of no confequtence where he eats what was feparated from it,
artd unlawful to the mafter to eat. It is otberwife in the former cafe;
becaufe tbére the dog eat in the very a£t o f hunting; and alto, be-
eaufe the tearing o f f a piece o f fleth with the teeth admits of two explanations^
for firfl:, this may be done with avieW tó devouring,—
and fecondly, jt may be done with a view merély to weaken the animal,
in order the more eaflly to catch i t ;— and the eating of the piece
before catching the animal argues theyfr/? of thefe,— Whereas the eating
of it after catching and delivering the game to the hunter argues
the fécond, whence no inference can be drawn that the dog is not
trained. -■ -
Ir« hunter take game'aliVé which his dog had wounded, it is incumbent
upon him to flay it according to the preferibed form [of
Zabbah,~\
or by eating
a piece of the
J ieJh cut off
and thrown
to him by the
hunter.
Cafe of a dog
biting off a
piece in the
purfuit of his
game.
Game taken
a l i v e muft be
(lain by Z a b -
b a b .