Does a person gain ownership of game caught in another person's snare or net?

General Chapter

Al-Mughni

Book of Hunting and Slaughter

Book 56 · Issue 1 · Bab 1

Open in Qurani

Primary text

Ownership is established over game caught in a person's snare or net because the owner established it using their instrument. If another person takes the captured game, they must return it to the owner, similar to game taken by the owner's arrow. If the game escapes immediately or after a time without the net holding it, ownership is not established. If the net captures it but it escapes with the net, and another person subsequently hunts and captures it, the latter owns the game, and the net must be returned to its owner, as the second hunter did not establish capture.