Does the owner's intentional release of game cause the termination of ownership?

General Chapter

Al-Mughni

Book of Hunting and Slaughter

Book 56 · Issue 5 · Bab 1

Open in Qurani

Primary text

If it is known that the owner released the game voluntarily, ownership does not cease through release or setting free, similar to releasing cattle or livestock.

Supporting text

There is an alternative view that ownership ceases because the default state is permissibility, and release returns the game to its original state of permissibility. This differs from livestock because the default state here is permissibility, and the release benefits the game by freeing it from human confinement, as evidenced by Abu Ad-Darda' releasing a sparrow he bought from a boy.