What is the ruling on ownership of an animal abandoned in a place of peril if someone saves it, feeds it, waters it, and rescues it?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The animal belongs to the person who rescued it, fed it, watered it, and saved it from peril. This ruling is held by Al-Layth, Al-Hasan ibn Salih, and Ishaq. The evidence is the narration from Al-Sha'bi, citing the Messenger of Allah (peace be upon him), who said: "Whoever finds an animal whose owners have abandoned it because they are incapable of looking after it, and he takes it, revives it, it belongs to him." Another narration states: "Whoever abandons an animal in a place of peril, and a man revives it, it belongs to the one who revived it." This ruling encourages reviving the animal, saving property from being lost, and preserving the sanctity of the animal. Furthermore, abandonment out of unwillingness or inability to retrieve it constitutes relinquishment, making it permissible for the taker to own it, similar to fallen grains or other items people discard willingly.
Supporting text
Ownership remains with the original owner if the animal was left temporarily to return for it or if it was merely lost and not deliberately abandoned in peril. Malik holds that the animal remains with the original owner, but the rescuer is compensated for the expenses incurred for its upkeep.