If a person in ihram wounds game with a non-fatal wound, then it disappears from his sight, and then he finds it dead, does he have to pay the full value or the compensation for the wound?

The questioner : Among these issues is the case where a person in ihram wounds game with a non-fatal wound, then the game disappears from his sight, and then he finds it dead. Does he have to pay the full value, or the compensation for the wound, according to two views? Some of our companions affirmed that he only has to pay the compensation for the wound, because that is the certain matter, and the default is that the conscience is clear.

The Shaykh : Now, what is the basis for this rule?

The questioner : It is forbidden for a person in ihram to hunt. First, is this a person in ihram who wounded game with a non-fatal wound, and the game disappeared, and then he found it dead? Does he have to pay the full value, or only the compensation for the wound?

The Shaykh : He has to pay the full value, because the default is that it did not die except from his arrow. As for the second view, it says he does not have to pay the full value because the default is that the conscience is clear. We say: Yes, the default is that the conscience is clear, meaning a person is not liable unless he is certain of the cause of liability. But this default is countered by what? By the apparent evidence.

The questioner : It is countered by the apparent evidence, which is that it appears it died from this arrow. So the correct view is that he has to pay the full value. But according to the view that he only has to pay the compensation for the wound, how do we proceed? We say, for example, what is the value of this game if it were not wounded? And what is its value if it were wounded? They said it is worth, if not wounded,

The Shaykh : five dirhams, and if wounded, four dirhams. What is the liability on him? One dirham. The liability is only one dirham, and Allah knows best.