What is the ruling when an illegally seized suckling animal (fasīl) is brought into a house and grows too large to exit through the door without demolishing the door frame?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

If an illegally seized suckling animal grows inside a house such that it cannot exit through the door without demolishing the door frame, the door frame must be demolished, and the animal returned. This is analogous to demolishing a structure to return stolen wood (*sājah*). If the animal entered the house without negligence on the part of the homeowner, the door demolition is mandatory, and the cost of repair falls upon the owner of the animal, as this is done to reclaim his property without the homeowner's fault. Furthermore, if slaughtering the animal causes less harm than demolishing the structure, the animal must be slaughtered, and its meat removed, as it is treated similarly to a piece of wood.

Supporting text

If the harm caused by breaking the animal (slaughtering) is greater than the harm of demolishing the door, then the door must be demolished to return the animal, as the alternative (slaughter) results in greater loss to the owner.