I thought I was too hasty: I want the ability to play this way, so I vote for the second option.
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I, on the other hand, believe that this is a gameplay element. But he doesn't.
Yes, it's possible to implement a different anti-hint algorithm in WT. But it will inevitably be simple and straightforward, meaning that formulations like "magic that caused damage to the opponent" are difficult to algorithmize.
As for resistance, this skill is already useless, so treating the resistance of combat magic as a lack of casting, which gives the right to pay to avoid the effect, makes this skill even more useless. Therefore, I strongly disagree – if the opponent resisted your cast in the first round, they should be given the opportunity to benefit from it.
5.2. Hit-and-run is prohibited: the attacking hero is not allowed to retreat in the first round of battle if they cast any magic. This prohibition does not apply to the hero who is defending.
...if he used combat magic or any other that, in one way or another, inflicted any damage to the enemy...