13 It has been doubted whether a wild animal becomes your property
immediately you have wounded it so severely as to be able to catch it.
Some have thought that it becomes yours at once, and remains so as
long as you pursue it, though it ceases to be yours when you cease
the pursuit, and becomes again the property of any one who catches it:
others have been of opinion that it does not belong to you till you have
actually caught it. And we confirm this latter view, for it may happen
in many ways that you will not capture it.
14 Bees again are naturally wild; hence if a swarm settles on your tree,
it is no more considered yours, until you have hived it, than the birds
which build their nests there, and consequently if it is hived by
some one else, it becomes his property. So too any one may take the
honeycombs which bees may chance to have made, though, of course, if you
see some one coming on your land for this purpose, you have a right,
to forbid him entry before that purpose is effected. A swarm which has
flown from your hive is considered to remain yours so long as it is in
your sight and easy of pursuit: otherwise it belongs to the first person
who catches it.
15 Peafowl too and pigeons are naturally wild, and it is no valid
objection that they are used to return to the same spots from which they
fly away, for bees do this, and it is admitted that bees are wild by
nature; and some people have deer so tame that they will go into the
woods and yet habitually come back again, and still no one denies that
they are naturally wild. With regard, however, to animals which have
this habit of going away and coming back again, the rule has been
established that they are deemed yours so long as they have the intent
to return: for if they cease to have this intention they cease to be
yours, and belong to the first person who takes them; and when they lose
the habit they seem also to have lost the intention of returning.
16 Fowls and geese are not naturally wild, as is shown by the fact that
there are some kinds of fowls and geese which we call wild kinds. Hence
if your geese or fowls are frightened and fly away, they are considered
to continue yours wherever they may be, even though you have lost sight
of them; and any one who keeps them intending thereby to make a profit
is held guilty of theft.
17 Things again which we capture from the enemy at once become ours
by the law of nations, so that by this rule even free men become our
slaves, though, if they escape from our power and return to their own
people, they recover their previous condition.
18 Precious stones too, and gems, and all other things found on the
seashore, become immediately by natural law the property of the finder:
19 and by the same law the young of animals of which you are the owner
become your property also.
Public-domain text, read in full here on John Shaqi.
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