What is the liability for trapping a bird that enters one's tower or structure?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If a bird enters one's tower and the possessor closes the door upon it with the intention of keeping it for himself, he becomes liable for it, as he has seized another's property for his own benefit, taking on the status of a usurper. However, if he does not intend to keep it for himself, there is no liability upon him.
Supporting text
If there is no intention to keep the bird, there is no liability because the possessor is entitled to manage his tower as he wishes, and the damage to another's property resulting from this management, where no transgression occurs, does not incur automatic liability.