When does the liability of guarantee attach to the finder of a prohibited animal?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If the finder does not take possession of the animal such that legal control is established over it, the guarantee does not become obligatory upon him, regardless of whether he merely drove it away or not. However, if he does take possession, the guarantee becomes obligatory.
Supporting text
The incident involving Jarir is interpreted such that he did not take the cow as found property, nor did its owner take it; rather, it simply rejoined his herd, making the act akin to driving an animal out of one's courtyard, thus not constituting unlawful taking.