What is the legal status of property found with a foundling (Laqit)?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
Property found with a foundling belongs absolutely to the child. This is the position of Al-Shafi'i and the companions of Abu Hanifa (Ahl al-Ra'y) because the child is considered to possess legal ownership (*milk*), evidenced by the fact that he inherits and is inherited from, and that his guardian can legally buy and sell on his behalf. Anything attached to him, worn by him, held by him, or contained within objects directly associated with him (like a cradle or chest containing furnishings or dirhams, or the clothes he wears/is under) is presumed to be his property under his possession. If the property is separated but close by, such as a garment lying next to him, the sounder opinion is that it belongs to him, as it is presumed left for him, similar to property near an adult in the marketplace.
Supporting text
Regarding property buried beneath him, one view states it belongs to him only if the digging appears recent, implying the one who placed him there buried it. Another view holds that it never belongs to him, arguing that if it was recent, the one placing him there would have secured it more obviously within his clothing, rather than leaving it in an obscure place.