Is a slave obligated to pick up an abandoned child when no one else will?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a slave finds an abandoned child and there is no one else to pick him up, the slave is obligated to do so. This obligation arises because picking up the child constitutes saving him from perishing, which is analogous to saving someone from drowning.

Supporting text

The rulings concerning the mudabbar (a slave designated for manumission upon the master's death), the umm walad (mother of the master's child), a slave whose manumission is conditional on a future event, and the mukatab are the same as those pertaining to a regular slave, as none of them have the right to freely dispose of their wealth or usufructs unless permitted by their master.