Is it permissible for the finder to sell the lost sheep and retain the money for the owner?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 5 · Bab 1

Open in Qurani

Primary text

The finder is permitted to sell the sheep and safeguard the proceeds for the owner, and he may personally execute the sale. This is considered preferable to consumption, as permission to consume was granted without the owner's prior consent. Evidence for this includes the Hadith of Zayd ibn Khalid, where the Prophet instructed the finder to take the animal, only stating, "It is for you or your brother or the wolf," without commanding an announcement, unlike the instruction for lost gold and silver.

Supporting text

Some followers of Al-Shafi'i require the seller to obtain permission from the governing authority (*Imam*) before selling. Furthermore, it is argued that because the animal is property with value, an announcement (*ta'reef*) should be required for it, similar to large quantities of food.