Zabbah,] and if he delay fo doing until it die, it is then carrion and
incapable of being eaten. T h e law is the fame with refpeft to game
taken by a hawk, or the like; and alfo with refpect to game fliot by
an arrow. T h e reafon of it is, that in this cafe the hunter is capable
o f the original obfervance, namely, Zabbah Ikhtihree, before the occurrence
of the neceffity for the fubflitute, namely, Zabbah Iztiraree;
and therefore the validity of the fubftitute is annulled. This law,
however, fuppofes a capability in the hunter to perform the Zabbah',
for where he takes the game alive, and is incapable of performing the
Zabbah, and there exifts in the animal more life than in one whofe
throat has been juft cut, fuch game (according to the ZahirRawdyet)
is not .lawful. It is related, as an opinion of Haneefa and Aboo Toofaf,
that it is lawful; (and this opinion has been adopted by Shafei;) be-
eaufe the hunter is not in this cafe capable of the original obfervance,
and is therefore in the fame fituation as a perfon neceffitated to ufe fand
inftead o f water, notwithftanding he be in fight o f water. The
reafon alleged in the Zahir Rawayet is, that the hunter’s finding the
animal alive is equivalent to his capability of performing the Zabbah,
fince it enables him to reach the throat of the animal with his hand.
Hence he has, in a manner, the power o f performing the Zabbah,
-which he negledts. It is otherwife where only as much life exifts in
the animal as in one whofe throat has been cut; becaufe it is then, in
effedl, dead,— whence it is that if, in that ftate, it ftiould fall into
water, it is not unlawful, any more than if it had fallen into water
when adtually dead, the dead not being a fit fubjedt for Zabbah. Some
o f the learned have entered more particularly into this cafe, alleging
that if the inability to perform the Zabbah arife from the want of an
inftrument, it is not then permitted to eat i t ; and that if the inability
arife from the want o f time, in that cafe likewife it is not permitted
to eat it, according to our dodtors,— in oppofition to the opinion of
Shafei. T h e argument of our dodtors is, that when the animal is
taken alive it is no longer game, becaufe the term game is applicable
.only to what is wild ajn ffr e e ', and that therefore the Zabbah Iztirdree
is then of no effedt. What is here recited proceeds on the fuppofition
of the animal being taken alive, and of there being a poffibility of its
continuing to live; for i f there be no poffibility of its continuing to
live, (as where its belly has been torn, and part of its entrails have
come out,) it may lawfully be eaten without the performance of
Z a b b a h , becaufe the life' that remains in it is equivalent only to the
ftruggling of an animal whofe throat had been cut, and is confequently
of no effedt;— in the fame manner as where .a goat falls into water,
after having had its throat cut.
I f. the hunter find the game alive, and do not take it from his dog
till it be dead, and there have been fufficient time, after he found it
alive, to perform the Zabbah, it is not in that cafe lawful to eat i t ;
becaufe this is equivalent to an omiffion o f the Zabbah, notwithftand-
ing an ability to perform it. If, on the contrary, he had found it
alive at a period when, i f he had taken it, there was not fufficient
time to perform the Zabbah, it is lawful.
If a hunter let flip his dog at game, and the dog take fome other
game, the game fo taken is lawful. Malik has faid that it is not
lawful, fince the dog took this game without having been let flip at it,
as it was at another fpecific animal that the hunter let him flip. Our
dodtors, on the other hand, argue that the objedt of the hunter is
merely the acquifition o f game; and all game is the fame to him. Be-
fides, the fpecification of the particular animal is of no advantage, as
it is impradticable to teach a dog to take that particular animal.
I f a perfon let flip a panther at game * , and the panther lie for a
while in ambuffi, and then catch and kill the game, it is lawful to
* The ly n x or p a n th e r ufed in hunting is generally kept hooded, and is conveyed from
place to place upon a fort of litter. When the hunters have approached within fight of their
game, they unhood the panther and caft off his chains, and he inftantly fprings at his prey,
if within his reach, or if otherwife, pradtifes a variety of ftratagems to get near to it.
V ol. IV . A a
provided it
live long
enough to
admit of performing
this
ceremony.
The game
taken is lawful
although
it be not the
fame that was
intended by
the hunter.
Rule in calling
off a p a n th
e r at game.
eat