Is the taking of wild/frightened game permissible if it returns to the wilderness when left alone and its owner cannot recover it?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The taking (salvaging/picking up) of wild or frightened game (*sayd mustawhisha*) is permissible if, when abandoned, it returns to the wilderness and its owner is unable to reclaim it. This ruling is established because leaving such animals results in greater loss for them than the loss of other forms of property. The primary intent behind this allowance is the preservation of the property for its rightful owner, rather than the preservation of the item itself. This is evidenced by the permissibility of taking coinage, as a Dinar remains a Dinar regardless of its location.