What is the ruling on finding a sheep (Shāh) in a city (Misr) or a place of destruction (Mahlikah)?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
Finding a sheep in a city or a place of destruction permits its taking, and its ruling after being taken is the same as gold and silver regarding the requirement of announcement and subsequent ownership. This is the sound position in the Madhhab of Ahmad and the view held by the majority of scholars. There is consensus that lost sheep in a dangerous location may be eaten, and the same ruling applies to any animal unable to defend itself against small predators like foxes, jackals, and lion cubs. Animals unable to defend themselves, such as young camels, young cattle, foals, chickens, and geese, are permissible to take.
Supporting text
A differing narration from Ahmad states that no one except the Imam (ruler) is permitted to take it. Al-Layth ibn Sa'd stated he dislikes approaching it unless securing it for its owner, citing the Prophet's statement: "No one keeps stray animals except one who is himself stray." Malik, Abu Ubayd, and Ibn al-Mundhir hold that if the sheep is found in the desert, it should be slaughtered and eaten, but if found in a city, it should be kept until the owner is found, based on the Hadith regarding the wolf not being present in the city.