Is there liability for shooting a bird perched on one's wall?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 5 · Bab 1

Open in Qurani

Primary text

If a person's bird lands on a wall and someone startles it causing it to fly away, there is no liability upon the starter, because the startling action was not the cause of its loss, as it was already secure before the startling. However, if one shoots and kills the bird perched on the wall, liability is incurred because the individual could have caused its departure by startling it without killing it.