The Inheritance of a Foundling: To the One Who Rescued Him or to the Public Treasury

The questioner:
The Shaykh asks: If a man finds a foundling and takes him to the public treasury, does the foundling become a ward of the one who took him, as the religion has chosen?

The Shaykh:
In what respect?

The questioner:
That his loyalty (wala') belongs to the one who picked him up, as Taqi al-Din chose.

The Shaykh:
He has the stronger claim to him, yes, he has the stronger claim to him because he rescued him. The reason the inheritance belongs to him is that he saved him from destruction, so the inheritance goes to the one who rescued him. Just as a man who frees a slave acquires loyalty (wala') over him because he saved him from slavery, this is the reason the inheritance is his: because he did him a favor and saved him from destruction. Yes.

The questioner:
Peace be upon you.

The Shaykh:
No, the majority hold that his loyalty (wala') belongs to the public treasury. This is the position of the majority of scholars, and that picking up a foundling is not a cause of inheritance. This is the well-known view, and it is the position of the majority of scholars. We call this the stronger position. No, the stronger position is that of the majority, that of the majority, yes. Because 'Umar says to you: his loyalty (wala') is ours, and we are responsible for his maintenance. So if his maintenance is from the public treasury, then his inheritance is for the public treasury. The Prophet (peace and blessings be upon him) said: "The profit is with the risk." And he said: