Is a person obligated to feed and water an animal entrusted to them if the owner forbade it?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 1 · Bab 1

Open in Qurani

Primary text

The custodian is not permitted to refrain from feeding or watering the animal, as the animal possesses inherent sanctity in itself, and its life must be preserved for the sake of Allah Almighty. If the custodian feeds and waters it under this prohibition, the ruling is the same as the preceding stipulation regarding trusteeship. If the custodian refrains from providing sustenance until the animal perishes, the custodian incurs no liability. This is the position held by the majority of Ashab al-Shafi'i. The liability is not incurred because the custodian is following the owner's command; similar to a case where the owner commands the custodian to kill the animal, and the custodian does so, or commands the custodian not to return a deposit even if it is feared for its safety, and the custodian complies out of fear. Furthermore, the owner's permission to neglect the animal negates the human right concerning it, although the religious obligation (sin) remains due to the prohibition against wastefulness.

Supporting text

Some scholars hold the custodian liable because they transgressed by neglecting the animal's needs, drawing an analogy to a situation where no such prohibition existed. Ibn al-Mundhir supports this view, citing the Messenger of Allah's prohibition against wasting wealth, which equates the owner's command or silence in this matter.