If one claimant describes a hidden physical mark on a foundling (laqit), does this description grant him precedence?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 3 · Bab 1

Open in Qurani

Primary text

If one claimant describes the foundling, stating he has a mole or a mark on his body, Abu al-Khattab and Abu Hanifa hold that precedence is granted based on this description. The evidence is that this is a type of found property (luqtah), which is given precedence based on description, just like monetary found property. Furthermore, the description indicates strength of possession, thus warranting precedence.

Supporting text

Al-Shafi'i holds that precedence is not granted based on description, analogous to how a plaintiff's mere description of a claim does not establish their case.