to follow it.
If, however, they did not set down that condition and instead stipulated (1) that whoever’s arrow is nearer by one cubit is the winner, and one of them happens to be nearer by less than a cubit, two possibilities arise:
- Scoring may proceed on the basis of “nearer cancels farther” even though the difference is less than a cubit (2).
- Every arrow landing within the agreed range of nearness is counted, provided it does not fall short of that limit; his near and nearest arrows are treated alike (3).
Both views are transmitted from the Shāfiʿī jurists.
This applies when the archers have no established custom. If they do have a custom—whether to count or not to count in such a case—the contract is interpreted according to that custom, treating it as though it were an explicit stipulation (4). Allah knows best.
Section: Unexpected mishaps
When an unforeseen event (5)—such as a broken bow, a snapped string, or a strong wind—occurs, no penalty is imposed on the shooter for an arrow that misses because of any of these contingencies or the like, for example an animal suddenly crossing in front of him; for the miss is attributable to the mishap, not to poor marksmanship.
The Qāḍī said (6): “Even if he hits the target, it is not credited to him, because it was not counted…”