Appendix 12: Ownership Of A Bird Is Acquired By Hunting Even If Its Possession Is Not Accomplished
The statement by al-Imam ar-Rida (a.s.) in the collection of sound traditions (sahih) saying “He who hunts two-winged bird, for which the claimant is not known, will be its owner” indicates what has been previously stated in this book, because it an established the fact that the bird will be ruled as owned by the hunter on the mere confirmation of his hunting efforts. This is irrespective of whether or not he captured the prey.
Thus, it includes the case where the bird escapes the possession of the hunter as, in the hypothetical situation described earlier in this book. The meaning is that the hunting work itself is the basis for ownership. This is derived from the principle in the theory, giving the hunter the right of the opportunity (utility) over that his work had brought about.