Does a landowner own game, birds nesting, locusts, or salt found on un-prepared land?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The owner of land does not own game, birds nesting therein, locusts that land there, or salt that forms there, provided the land was not prepared for these things, as they are not considered an increase or product of the land for which it was intended. However, the landowner has a superior right to prevent others from trespassing or using the land. If someone enters and takes such items, they are in error, but they acquire ownership.
Supporting text
Regarding a bird caught by a projectile on another's property, Imam Ahmad ruled that the bird belongs to the catcher. Regarding chicks hatched in a neighbor's house belonging to the owner of the mother bird, the chicks follow the mother bird back to the owner of the flying bird. Ibn Aqil argued that game taken from another's property is not owned due to the prohibited means used, comparing it to prohibited sales, but the correct view is that the means of taking is not prohibited, unlike entering the property, and prohibitions concerning human rights do not prevent ownership, similar to prohibitions in sales contracts like *musarah* or *najsh*.