Who owns fish caught in a net set in the sea by one person, but pulled in by another?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a person casts a net into the sea, and a fish enters it, but the net is then pulled by the sea currents such that another person seizes the net and captures the fish, the fish belongs to the person who actually captured it (the hazer). The net itself is treated as lost property, and it must be returned to its owner after identification. This is because the fish was permissible (mubah) and the net owner did not establish possession over the fish as the net did not fully secure it, thus leaving the fish in its state of permissibility.