What is the legal status of maintenance costs voluntarily paid by a person (whether the finder or another) for a foundling?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
If a person voluntarily spends on the foundling's maintenance, they receive no recompense, whether the person is the finder or someone else. However, if the finder or another person spends on the maintenance with the intention of seeking reimbursement when the foundling becomes financially able, and this is done under the order of a judge (*Hakim*), the foundling is obligated to repay the maintenance, provided the expenditure was moderate and reasonable. This view is held by Al-Thawri, Al-Shafi'i, and the companions of Al-Ra'y.
Supporting text
If maintenance is spent without the judge's order, with the intention of seeking repayment, differing opinions exist. Ahmad states the cost should be paid from the public treasury. Sharih and Al-Nakha'i hold that reimbursement is due if the provider brings witnesses. Umar ibn Abd al-Aziz required an oath that the spending was purely charitable, and if sworn, the expense was waived. Al-Sha'bi, Malik, Al-Thawri, Al-Awza'i, Abu Hanifa, Muhammad ibn al-Hasan, Al-Shafi'i, and Ibn al-Mundhir consider the spender a volunteer who receives no return. The argument for reimbursement is that the provider fulfilled an obligation that legally rested elsewhere, similar to a guarantor paying on behalf of the principal debtor.