Is it permissible for a finder to take in an absconding slave (Aabiq)?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is permissible for whoever finds an absconding slave to take possession of him. This view is held by Malik, Al-Shafi'i, and the Companions of Ra'y (Ahl al-Ra'y). There is no known dispute regarding this permissibility because the slave cannot be secured from joining Dar al-Harb (the land of war), committing apostasy, or causing corruption in the lands, unlike stray livestock that can protect themselves. Upon taking the slave, the finder holds him as a trust (amanah). If the slave perishes without the finder's negligence, there is no liability for the finder. If the owner is found, the slave must be returned upon presentation of proof (bayyinah) or the slave's confession of ownership. If the owner is not found, the slave must be handed over to the Imam (ruler) or his deputy, who will safeguard him for the owner or sell him if deemed beneficial, as stated by Malik and the Companions of Ra'y. There is no known contravention to this ruling.