If you are gambling, or in a tournament playing cueball fouls only- Its hill-hill playing 9ball, and the 6, 7, 8 and 9 are left on the table. the 7, 8 and 9 are tied up in a cluster against a rail. Your opponent kicks at the 6ball and misses, and the cueball is going in the direction of the cluster of balls. He picks up the cueball before it breaks up the cluster and hands it to you. Is this loss of game?