Is the guardian of a foundling required to obtain permission from the judge before spending on the foundling's necessities?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
The one who finds the foundling has the right to spend on the foundling from the foundling's own property without seeking the judge's permission. This is the view mentioned by Abu 'Abdullah ibn Hamid, because the finder acts as a guardian (*wali*) for the foundling, and the guardian of an orphan's property does not require judicial permission for necessary expenditures, akin to enjoining good. If the child's property is sufficient for his needs, no one else is obligated to provide maintenance.
Supporting text
A reported narration from Ahmad suggests that in cases of a deposited trust where the owner is absent and the dependents lack provision, the wife must approach the judge for an order for maintenance from the absent owner's funds, implying judicial permission is needed. However, the correct view distinguishes this from the foundling's case because the finder has legal authority (*wilayah*) over the foundling and his property, which is not the case for a depositor regarding the absent person's children. Furthermore, if no judge is available, the finder may spend out of necessity in all circumstances. Despite having the right to spend without permission, it is recommended to seek the judge's authorization when available to avoid suspicion and potential liability for the expenses.