Who bears the necessary costs for guarding a found item if the finder delegates the task?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 2 · Bab 1

Open in Qurani

Primary text

The necessary wage for the custodian falls upon the finder. The justification for this is that the wage is obligatory upon the one who defines the item (the finder in this context of delegation/custody), just as if the finder intended to claim ownership. Furthermore, if the finder handled it personally, they would not be entitled to a wage from the owner; therefore, hiring someone else does not obligate the owner.

Supporting text

The costs are the responsibility of the finder because the act of securing custody is a means toward the finder's potential ownership, similar to when the finder intends immediate ownership.