Is the custodian obligated to feed and water an animal left in their care if the owner explicitly instructed them to do so?
General Chapter
Al-Mughni
Book of Deposits
Primary text
The custodian is obligated to feed and water the animal if the owner so commanded for two reasons: first, due to the sanctity of the owner's rights, as the custodian took custody under that condition; second, due to the sanctity of the animal itself, as preserving life through feeding and watering is obligatory for animals. This obligation is supported by the general principle that it is impermissible to cause destruction or be negligent concerning the entrusted item. If the custodian can reach the owner or their agent, they must demand reimbursement for expenses, demand the animal's return, or obtain permission to spend on its upkeep with the right of recourse.
Supporting text
It is possible that feeding the animal is not obligatory because the custodian's action in this regard constitutes a voluntary act of charity, and thus it is not required merely by the owner's order, similar to matters outside the scope of a deposit (Wadi'ah).