What is the ruling on compensation for retrieving an enslaved person left behind?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the abandoned item is an enslaved person, the retriever does not gain ownership simply by taking him. This is because an enslaved person can typically find ways to reach places where they can survive, unlike a domestic animal. However, the retriever is permitted to secure both the enslaved person and the property for the owner, and is entitled to compensation equivalent to the usual rate for securing the property.

Supporting text

Al-Qadi argues that the obligation for compensation implies a prior agreement or command from the owner; otherwise, the retriever receives nothing, as he acted without a stipulated fee, similar to a finder of lost property.