What is the ruling if the guardian intends to constantly move the foundling between different locations after finding him in the desert?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 4 · Bab 1

Open in Qurani

Primary text

It is plausible that custody remains with the finder, as the presumption is that the foundling is the son of nomadic people, and keeping him with the finder offers a better chance of revealing his lineage. The evidence for this is rooted in ensuring the best chance for lineage discovery.

Supporting text

It is also plausible that the foundling should be taken from the finder and given to the resident of a settled village, as this would be more comfortable and easier for the child. However, if removal is decided, it only occurs if someone deemed more deserving of custody can be found to take him.