Is game captured by a person owning marked game still owned by the original owner?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
If a hunter captures game bearing a mark, such as a collar or an ear tag, the hunter does not gain ownership. The original owner retains ownership because the escape did not terminate their prior possession. This ruling applies equally if the captured bird has clipped wings.
Supporting text
It is considered unlikely that the initial captor was an Ihram-bound pilgrim who would not legally hunt, or that the original owner released the game intentionally to relinquish ownership, treating it as worthless. The default presumption is the continuation of ownership; ownership is not lost merely due to doubt.