What is the ruling on picking up stray animals that can fend for themselves?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
It is impermissible to pick up or interfere with any animal capable of defending itself from small predators and finding water, regardless of whether this ability stems from its size (like camels, horses, cattle), its ability to fly (all birds), its speed (like gazelles and hunted game), or its fangs (like dogs and cheetahs). Umar (may Allah be pleased with him) stated: 'Whoever takes a stray animal, he is misguided (ḍāll).' This is the view held by Al-Shafi'i, Al-Awza'i, and Abu Ubaid. Al-Laith and Malik stated that if a stray camel is found in settled areas, it should be identified, but if found in the desert, it should not be approached.
Supporting text
Malik and Al-Laith hold differing views on stray camels depending on location. Al-Muzani narrated from Al-Shafi'i that if a stray camel (badana) is found, it should be announced, and if the owner is not found within three days, it should be slaughtered. Abu Hanifa, in one narration, permits picking it up because it resembles sheep. Al-Zuhri stated that if a *badana* is found, it must be announced; if the owner is not found within three days, it should be slaughtered.