178 H U N T I N G .
All the game
caught by the
dog, See. under
one-invocation,
is lawful.
Rule for
determining
this with refpeft
to dogs,
and hawks.
Game is not
lawful when
caught(by a
hawk, &c )
independant
of the aft of
the hunter.
It is requifite
to its legality
(whencaught
dead) that
B o o k XLVII.
eat it ; becaufe the lying in ambufh being with a view to catch the
game, and not to take reft, does not of confequence terminate the
aft of letting it flip. T h e fame rule alfo holds with refpeft to a dog,
when trained in the manner o f a panther.
If a dog be let flip at game, and take and kill it, and afterwards
take and kill other game, both are lawful; becaufe the aft of letting
him flip continues to operate, and- is not terminated until after the
taking of the fecond game; this cafe being fimilar to that'of a perfon
{hooting at an animal with an arrow, which not only hits and kills it,,
but alfo hits and kills another. If, on the contrary, the dog, after
killing the firft game, lie down upon the ground and reft for a long'
time, and then, fome other game palling by, he rife up and kill it, it is
not lawful to eat that other game; becaufe when the dog lay down
and took reft, he thereby determined the aft of letting him flip,
fince his fitting down was with a view to take reft, and not to deceive
the game; in oppofition to what was before recited..
If a hawk, being let flip [caft o f f j at game, firft perch upon
fomething, and afterwards, going in queft of the game, take it and kill
it, it is lawful to eat it. This, however, proceeds on the fuppofition
of the hawk neither tarrying long, nor w ith a view to reft, but merely
a fhort time, and with a view to furprize her prey.
If a trained hawk catch game and kill it, and it be not known:
whether any perfon let her flip at fueh game, it is then unlawful to
eat i t ; becaufe in this cafe a doubt exifts with refpeft to the lettingjlip-,
and game is not lawful unlefs the animal which takes it be let flip
at it.
. If game be Jirangled by a dog, and not wounded, it' is not lawful
to eat i t ; becaufe the wounding^ of it is a condition of its legality, according
to the Zdhir Rawdyet, (as has been, before mentioned;) and
this
B o o k X L V I I. H U N T I N G .
this condition implies that where merely particular members of the
game are broken by the dog it is not lawful to eat it.
I f a trained dog be affifted in killing the game by a dog that is not
trained, or by a dog belonging to a Magian, or by one upon which
the invocation had been wilfully omitted, in that cafe the game is
unlawful; becaufe two caufes are here united, namely, a caufe of legality,
and a caufe of illegality, and caution diftates a preference to
the caufe of illegality.
A ny perfon not permitted to perform Zabb ah (fuch as an apoftate,
a Mohrim, or a perfon who wilfully omits the invocation) is the {âme
as a Magian with refpeft to letting loofe an animal of the hunter tribe.
I f a dog, without being let flip, fhould of himfelf purfue game,
and a Muffulman repeat the invocation, and then make a noife and
incite the dog to run fafter, and the dog catch the game, it is in that
cafe lawful to eat it.
If a Muflidman, ihaving repeated the invocation, let flip his do°- at
game, and the dog having purfued and caught the game, and thereby
rendered it weak, let it go, and afterwards catch it a fecond time and
kill it, it is in that cafe, lawful to eat it.;— and fo likewife where a
Mujfulman lets flip 'two dogs, and one of them renders the game weak,
and the other kills it ;— and alfo, where two men let flip their dogs,
(that is, each of them one dog,) and one of the dogs renders the
game weak, and the other kills it. In this Iaft cafe, however, the
game is the property of him whofe dog rendered it weak ; becaufe he
deprived it of the qualitj of game, as he difabled it from running.
*79
blo od have
been drawn
from it.
Game is
rendered unlawful
by the
conjunftionof
any caufe of
illegality in
the catching
o f it.
Game hunted
down by any
perfon not
qualified to
perform Z a b -
b a b is unlawful.
Game killed
at a fe co n d
catching of
it (either by
the fame or a
fe co n d dog) is
lawful.
A a 2 SECT.