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.
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