Who Owns the Trapped Animal?
Question
If I set an animal trap and it catches an animal, do I automatically acquire ownership of the animal? If someone kills the animal while it is in the trap, is he liable to pay me its value? Does it matter whether I knew the animal was trapped—do I need awareness or intent to acquire it?
Answer
Thank you for your question.
It depends on the type of trap. If the trap has a base, so that it is considered that the animal is standing within your chatzer, therfore you would acquire the animal mid'Oraisa through Kinyan Chatzer. However, if the trap does not have a base, the acquisition is only mid'Rabbanan. (On a practical level, there is no difference, if someone kills the animal, he is liable regardless of whether my ownership is mid'Oraisa or mid'Rabbanan.)
Of course, this applies only in a case where the animal is hefker (ownerless).
Wishing you well.
Answered by
Head of the English department at sheilot.com, Rav Amram Fried's Beit Horaah
Graduate of Yeshivas Ponovezh and Kollel Ponovezh, tested by Mifal Halacha, Rav Amram Fried's Beit Horaah (2022–2026)
Basar Vecholv, Ta'aroves, Ribis, Laws of Shabbos, Yom Tov, Chol Hamoed, Niddah, Tzitzis and Tefillin, Eiruvin, Succah
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