Who owns the game caught using usurped hunting equipment (bow, arrow, net)?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two views regarding game caught using usurped equipment like a bow, arrow, or net. One view maintains that the game belongs to the equipment's owner because it was acquired through that equipment, thus resembling the increase of their property or the earnings of their slave. The second view asserts the game belongs to the usurper because the hunting resulted from his own action, and the equipment is merely an instrument.

Supporting text

The second view holds that the game belongs to the usurper because the hunting resulted from his own action, and the equipment is merely an instrument, analogous to slaughtering something with another person's knife.