The lost sheep
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Fatwa number ( 346 )
Q: I found a female goat during the 'Isha' prayer and brought it in. It has been with me for two months. We built a shelter for it, informed the local headman, and left it in the market, but no one has come for it. Please give us a ruling, may Allah reward you.
A: This female goat is among the lost sheep. The Prophet (peace and blessings be upon him) was asked about a sheep found as a stray, and he said:Sahih al-Bukhari 2438 . This is part of a hadith agreed upon by al-Bukhari and Muslim. This hadith is applied to one who feels safe regarding the animal. As for one who does not feel safe regarding it, it is not permissible for him to take it, because he would be
like a usurper. The one who takes it while feeling safe regarding it has the choice between slaughtering it, in which case he is liable for its value, or selling it and keeping its price, or spending on it with the intention of returning it. When it becomes predominant in his mind that its owner will not come, he gives its value in charity if he had taken it and slaughtered it, or sold it and kept its price, with the intention that this charity is for the owner of the lost item. If its owner comes one day, he pays him the value, and the charity becomes on behalf of the one who gave it. As for if he spent on it with the intention of returning it, if its owner comes, he gives it to him and takes from him what he spent on it. If the owner does not come, he sells it and takes from its price what he spent on it. If anything remains of its price, the ruling in it is as mentioned previously in the case where he slaughtered it after appraising it, or sold it and kept its price.
Q: I found a female goat during the 'Isha' prayer and brought it in. It has been with me for two months. We built a shelter for it, informed the local headman, and left it in the market, but no one has come for it. Please give us a ruling, may Allah reward you.
A: This female goat is among the lost sheep. The Prophet (peace and blessings be upon him) was asked about a sheep found as a stray, and he said:
It is for you, for your brother, or for the wolf.
هي لك أو لأخيك أو للذئبlike a usurper. The one who takes it while feeling safe regarding it has the choice between slaughtering it, in which case he is liable for its value, or selling it and keeping its price, or spending on it with the intention of returning it. When it becomes predominant in his mind that its owner will not come, he gives its value in charity if he had taken it and slaughtered it, or sold it and kept its price, with the intention that this charity is for the owner of the lost item. If its owner comes one day, he pays him the value, and the charity becomes on behalf of the one who gave it. As for if he spent on it with the intention of returning it, if its owner comes, he gives it to him and takes from him what he spent on it. If the owner does not come, he sells it and takes from its price what he spent on it. If anything remains of its price, the ruling in it is as mentioned previously in the case where he slaughtered it after appraising it, or sold it and kept its price.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.