Who owns game that was found nearly dead in someone else's established trap or net?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a person comes upon a snare containing a wild donkey or a gazelle that is near death, and he saves and slaughters it, the game belongs to the owner of the established trap (ahbulah). This applies even if the catch is a falcon (bazi), hawk (saqr), or eagle (uqab). This is because the established trap owner is deemed to have owned the game by virtue of it being secured in his instrument.