What is the ruling regarding a claim of ownership over a non-communicative infant in another person's possession?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 1 · Bab 1

Open in Qurani

Primary text

The claim of ownership over an infant incapable of speech is accepted, and the claimant is not separated from the child. Possession (*al-yad*) serves as proof of ownership, and such a child is treated like property or livestock until proven otherwise. This ruling applies unless the possessor's established means of possession is known to be something other than ownership, such as finding the child (as a lost child, *laqit*). If the child was found, the claim of slavery is rejected because a foundling is legally presumed free. In the absence of evidence indicating a non-ownership basis for possession, ownership (slavery) is established due to the presence of the proof of ownership without contradiction.

Supporting text

If the possessor found the child, the claim of slavery is rejected because a foundling is judged to be free.