What compensation is due to those who rescue property after a shipwreck?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 5 · Bab 1

Open in Qurani

Primary text

If a ship sinks and people salvage the cargo, the owners of the property take back their belongings, and the salvagers receive nothing. This is the opinion held by Malik, Al-Shafi'i, Ibn Al-Mundhir, and Al-Qadi. However, by analogy to the ruling concerning compensating the salvager, the retriever should be granted compensation equivalent to the usual rate to ensure preservation.

Supporting text

The position derived from Imam Ahmad suggests the retriever is due compensation equivalent to the usual rate because this payment incentivizes the salvager to exert effort and risk his life to save the property from sinking, similar to the stipulated fee for returning an absconding slave.