Is the custodian obligated to feed and water an animal left in their care if the owner did not give explicit instructions regarding feeding?
General Chapter
Al-Mughni
Book of Deposits
Primary text
The custodian is obligated to feed and water the animal even if the owner was silent on the matter, a position held by Al-Shafi'i. The justification is that the custodian is entrusted with preserving the animal, and preserving life through sustenance (feeding and watering) is necessary. Allowing the animal to perish or neglecting it is impermissible.
Supporting text
Abu Hanifa holds that the custodian is not obligated to feed the animal because the custody was only for safekeeping, not explicitly for expenditure. The owner is responsible for feeding, and if the custodian fails to feed, the owner is the one being negligent regarding their own property.