If one shot at game and hit its vital part, then another shot it and it died, to whom does the game belong?
Machine translationRead the Arabic original
The questioner : And if one shot at game and hit its vital part, then another shot it and it died, the killer is the first one, so the game is lawful by that, and the second one has encroached upon it, so he is liable for what he tore of its skin. This is the opinion of the Qadi and the majority. And a group derived from al-Qala' the prohibition of what falls after being buried in a building or the like.
The Shaykh : In water or the like. Yes, he has agents. Yes, yes. No, that is not right. May Allah guide you in your seeking of knowledge. No, it is not independent; he analogized it to al-Lawla, yes.
The questioner : And a group derived from al-Qala' the prohibition of what falls after the indication of the arrow and the like in its assistance in killing it, and the police officer's statement is wonderful: its prohibition is final, and the second one is liable for its full value, and the amount of the first one's shot is deducted from it.
The Shaykh : I say, but the correct opinion is the first one: that it belongs to the first shooter. The correct opinion is that it belongs to the first shooter, and if it is diminished by the second shot, he is liable for the diminution, just as if he tore its skin in a way that is considered significant by custom, like the skin of a gazelle, for example. But if its skin is not usually completed by it, like the skin of a bird, then there is no liability on the person. But if he spoiled the meat, if the second one spoiled the meat by tearing it due to many hits, then he is liable for the diminution of the first shot.
The Shaykh : In water or the like. Yes, he has agents. Yes, yes. No, that is not right. May Allah guide you in your seeking of knowledge. No, it is not independent; he analogized it to al-Lawla, yes.
The questioner : And a group derived from al-Qala' the prohibition of what falls after the indication of the arrow and the like in its assistance in killing it, and the police officer's statement is wonderful: its prohibition is final, and the second one is liable for its full value, and the amount of the first one's shot is deducted from it.
The Shaykh : I say, but the correct opinion is the first one: that it belongs to the first shooter. The correct opinion is that it belongs to the first shooter, and if it is diminished by the second shot, he is liable for the diminution, just as if he tore its skin in a way that is considered significant by custom, like the skin of a gazelle, for example. But if its skin is not usually completed by it, like the skin of a bird, then there is no liability on the person. But if he spoiled the meat, if the second one spoiled the meat by tearing it due to many hits, then he is liable for the diminution of the first shot.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 527 - لو رمى صيداً فأصاب مقتله ثمَّ رماه آخر فمات فلمن يكون الصيد؟ قواعد ابن رجب - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
