What is the ruling concerning stray donkeys regarding collection (Al-Luqatah)?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 3 · Bab 1

Open in Qurani

Primary text

The preferred ruling is to affiliate the donkey with the sheep, not the camel or horse, concerning collection. This preference is due to the established reason (illah) for camels, which is their great patience regarding water scarcity, characterized by what they store in their stomachs and their strength to endure thirst. Donkeys share this characteristic with sheep, as they do not resist wolves, but they lack the patience for water that camels possess, evidenced by the common proverb regarding the donkey's lack of endurance for thirst.

Supporting text

Some scholars affiliate the donkey with the category of animals whose collection is forbidden due to their large size, resembling mules and horses, and their status as beasts of burden.