Game which,
being fliot,
falls into water,
or upon
any building,
&c. before it
reaches the
ground, is
unlawful.
Rule with
refpedt to
ivaUr-fowl.
Game flain
by a brutfey
without a
•>woundy is not
lawful.
may have continued in the fearch of it until he found it; becaufe in
this cafe two caufes are conjoined,— one of illegality, namely, the
other wound,—and One of legality, namely, the wound of his arrow;
and it is the eftablifhed cuftom to give the preference to the caufe of
illegality. Moreover, ^afution is eafily obferved in this cafe, as it is
an uncommon one. All that has been above recited relates to the {hooting
of an arrow; but it is equally applicable throughout to the letting
Sip o f a dog, or fo forth.
I f a perfon {hoot at game with an arrow, and hit it, and it fall
into water, or upon the roof o f a houfe; or fome other eminence,
and afterwards upon the ground, it is not lawful to eat it; becaufe
the animal is in this cafe a Mootradeea, the eating of which is prohibited
in the K o r a n ; and alfo, becaufe there is a fufpicion that the
death may have been occafioned by the water, or by the fall from the
eminence, and not by the wound *.
I f a water-fowl be wounded, and the member wounded be not
a part under water, it is lawful,— whereas > if it be a part underwater,
it is not lawful, in the fame manner as a land hird, which being
wounded falls into water.
G a m e hit [{tunned] by an arrow without a '{harp point is unlawful,
as it is fo recorded in the traditions. It is to be obferved, moreover,
that the wounding of game is a condition of its legality; becaufe a
Zabbah Iztiraree cannot otherwife be eftablifhed,— as has been already
mentioned']'..
* AmidftTucha mats o f frivolous abfurdity, the tranflator thinks ituimeceffary tooffer
any apology for the omiflion, in this place, of a long difcuflion frill more futile than any
thing which has gone before.
+ From this, and various preceding paflages, it appears that it is reguifite to d r a w blood
in order to the rendering game lawful.
•Game
1
■ ■ ■ aI
Book XLVII;. H U N T I N G .
OO
fei
iM M m m
| | | |
G ame killed by a bullet from a crofs-bow is not lawful, as this
miffile does not wound, and is therefore like a blunt arrow. A Jione,
alfo, is fubjedt to the fame rule, as it does not wound;— and game
i is alfo unlawful when killed by a great heavy {lone, notwithftanding
it be {harp; becaufe there is a probability that the game may have died
III I
from the weight o f the {lone, and not from the fharpnefs of it. I f , ,
however, the {lone be {harp, and not weighty, the game killed by it-
is lawful, as it is then certain that it mull have died in confcquence o f I I I t i l l
a woundlram it..
G ame killed by a fmall pebble {lone, and of which no part has
| been cut by the {lone, is not lawful, becaufe in this cafe the game ipfl [H
is bruifed' and not wounded. If, alfo, game be beaten by a {lick or i
| piece of wood until it die, it is not lawful,'as the death is then oc-
I eafioned by the weight of the flick or piece of wood, and not by any |R
1 wound': yet if,, in this cafe, the flick or piece of wood, becaufe of
I their {harpnefs, occafion a wound, there is no impropriety in eating
| the game, as the flick and piece of wood are then equivalent to a
1 {word and {pear. T h e general rule, in fhort, in thefe cafes, is that
1. when it is known with certainty that the death of the game was oc-
■f ’ .i --fV
1 eafioned by a wound, it is lawful food; but unlawful where the death
1 is known with certainty to have been occafioned by a bruife, and not
1 a wound:, and that, in cafe of the exiftence of a doubt, (that is, -
I where it is not certainly known whether the death was occafioned by
i l l i
1 a bruife or by a wound,) it is then alfo unlawful,, from a principle of i
I caution.
i " % P
If a perfon throw a fword or a knife at game, and the game be f c
ftriick by the handle of the fword, or the back of the knife, it is not
lawful; whereas if {truck by the edge, and wounded, it is lawful.
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1 1 1
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2