Who owns a bird shot by a projectile that lands on another person's property?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 9 · Bab 5

Open in Qurani

Primary text

When a person shoots a bird with a pellet, and it lands on another's property, the bird belongs to the property owners if it is assumed that the bird fell there rendered incapable of flight, allowing the residents to take possession by catching it. This interpretation is preferred because if they do not own what God causes to fall there, they certainly should not own what results from a human action. Furthermore, it fell after the strike that would have granted ownership to the shooter.

Supporting text

This situation is likened to a person's garment being blown by the wind into another's house.