What is the ruling regarding a person of unknown character traveling with the abandoned child they have custody of?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 2 · Bab 1

Open in Qurani

Primary text

There are two views regarding this. The first view, which is the position of Al-Shafi'i, is that custody is not maintained in his hands because his trustworthiness has not been fully confirmed, and betrayal cannot be ruled out. The second view holds that custody remains with him because custody is maintained when he is in residence without a supervisor to assist him, making him akin to a just person. Furthermore, the outward appearance suggests protection and safekeeping.