Is a claimant's assertion of ownership (slavery/bondage) over a foundling (*Laqit*) accepted?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
The claim of ownership over a foundling is admissible because it is possible. If the claimant lacks supporting evidence (Bainah), the claim is rejected because it contradicts the apparent status (the child being a free person in the Dar). This differs from a claim of lineage because lineage claims do not contradict the apparent status, and lineage claims establish a right for the foundling, whereas claims of ownership establish a right against the foundling. If evidence exists, its nature determines acceptance. If the evidence attests to possession (*Yad*) or general ownership (*Milk*), two male witnesses or one male and two female witnesses are required. If the evidence attests to birth (*Wiladah*), the testimony of a single woman or a single man suffices because birth is a matter not commonly witnessed by men.
Supporting text
If the evidence testifies only to possession, and the possessor is the one who found the child (*Multaqit*), ownership is not established because the reason for his possession is known. If the possessor is a third party, the possessor is confirmed in possession, and his oath is accepted regarding ownership. If the evidence attests to general ownership without stating the cause, ownership is established, similar to witnessing ownership of a house or garment. If the evidence states that his female slave gave birth to the child within his ownership, ownership is established because his female slave can only give birth to his property while under his ownership. If the testimony states the child is the son of his female slave, or that his female slave gave birth to him, without specifying 'in his ownership,' it is possible that ownership is established because the increase/offspring of his property belongs to him, though it is also possible that ownership is not established, as the birth might have occurred before he acquired ownership of the mother.