Can a guardian move a foundling discovered in an urban area to another urban area?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 2 · Bab 1

Open in Qurani

Primary text

There are differing views on transferring a foundling from one urban area to another. One view holds that custody should not remain with the current guardian because remaining in the original town is more hopeful for uncovering his lineage, analogous to the case of moving him to the desert. The second view allows custody to remain, as the guardian's authority is established, and the second town offers similar comfort and well-being as the first, unlike moving to the desert where comfort is forfeited.