If the finder chooses to keep the sheep and spend on its upkeep, can he claim reimbursement for the expenses from the owner?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
There are two differing narrations regarding the reimbursement of upkeep expenses. The first view is that the finder may claim reimbursement for the costs incurred on behalf of the owner. This is supported by a ruling by 'Umar ibn 'Abd al-'Aziz concerning a finder who spent on a lost animal, ruling that the expense must be repaid as it was spent to preserve the owner's property. This is analogous to expenses incurred for perishable goods like dried dates and grapes.
Supporting text
The second view, held by Al-Sha'bi and Al-Shafi'i, is that the finder cannot claim reimbursement. This is because the expenditure was made on another person's property without their consent, similar to building a structure on someone else's land. Furthermore, unlike perishable goods where preservation costs are singular, animal upkeep involves recurring costs that could potentially exceed the animal's value, making immediate sale or consumption preferable.