What recourse does the custodian have for expenses incurred on the entrusted animal when the owner is unreachable?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If the owner or their agent is unreachable, the custodian must refer the matter to the judge (Hakim). If the owner possesses other assets, the judge may order spending from those assets. If no assets are found, the judge may authorize actions safeguarding the animal's welfare, such as selling the animal or part of it to cover costs, renting it out, or borrowing funds on behalf of the owner from the public treasury (Bayt al-Mal) or elsewhere, which is then given to the custodian for feeding. Alternatively, the judge may appoint another person to oversee the feeding.
Supporting text
If the custodian borrows funds from the owner (who is the depositor), it is permissible to give that money to the custodian to manage the feeding, as they are considered a trustee. The judge may also authorize the custodian to use their own money, allowing the custodian to claim reimbursement from the owner later, leaving the amount of spending to the custodian's prudent judgment.