What options does the finder of a lost sheep (*dallah*) have regarding its immediate disposition?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The finder of a lost sheep has three options: consuming it immediately, holding it for its owner while spending on its upkeep, or selling it and preserving the price for the owner. Immediate consumption is permitted according to Malik, Abu Hanifa, Al-Shafi'i, and others. The evidence for immediate consumption stems from the Prophet's saying, "It is for you, or for your brother, or for the wolf." This analogy places the finder in the position of the wolf, which does not delay eating. Furthermore, eating it immediately obviates the need for future expenditure on its upkeep and safeguards its value for the owner should he arrive later. If the finder consumes it, he owes its full value as compensation to the owner, according to the majority of scholars.
Supporting text
Malik held a dissenting view, stating that the finder may consume it without owing compensation or making an announcement (*ta'reef*), based on the Prophet's statement, "It is for you," arguing that since a wolf would not compensate or announce, the finder should not be obligated either. However, Ibn Abd al-Barr noted that no other scholar agreed with Malik on this point, citing the Prophet's command to return the property to the brother as evidence that ownership remains with the original owner.