To whom does a fish belong if it jumps into a passenger's lap on a ship, without intentional effort by the ship's crew?

General Chapter

Al-Mughni

Book of Hunting and Slaughter

Book 56 · Issue 7 · Bab 1

Open in Qurani

Primary text

The fish belongs to the person in whose lap it lands, not the owner of the ship. This is because the fish is permissible game owned by the first to claim it, and it landed in that person's lap, which is under their control and possession, taking precedence over the ship owner's claim, just as an object in one's lap is claimed over the ship owner.

Supporting text

The implication of Khiraqi's statement suggests that if the fish falls onto the ship structure itself, it belongs to the ship owner because the ship is their property, and anything permissible obtained within it is rightfully theirs, analogous to their lap.