Is the rescuer entitled to compensation for the expenses incurred in saving and maintaining an animal abandoned in peril?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If the animal is deemed abandoned due to peril, the rescuer owns the animal entirely as per the main opinion, and therefore, there is no right to claim expenses since ownership was acquired through the act of salvation. This contrasts with the view of Malik, who mandates compensation for the rescuer's expenses.
Supporting text
Al-Shafi'i and Ibn al-Mundhir hold that the animal remains the property of the original owner, and the rescuer is considered a volunteer (*mutabarri'*) regarding the expenditure. The rescuer has no right to reimbursement because they spent money on the property of another without permission, similar to building upon someone else's land without their consent.