Can a person who finds an enslaved minor (male or female) possess them through 'ta'reef' (declaration/claiming)?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
According to the measurement of the Madhhab (school of thought), one does not gain possession of an enslaved minor (male or female) through the process of ta'reef. This matter involves consideration because the foundling (laqit) is legally presumed to be free. If the minor is of an age to articulate, and they confess to being enslaved, this confession is not accepted because a child lacks legal agency regarding such matters. If their declaration regarding enslavement were accepted, then their declaration regarding their master would also have to be accepted.
Supporting text
Al-Shafi'i holds that the finder possesses the male slave but not the female slave. This is because, in his view, possession through ta'reef is considered a form of loan (iqtiraad), and a female slave cannot be acquired through a loan according to his jurisprudence.