Is an individual entitled to reimbursement if they spend on an animal intending to claim it from the owner without the owner's prior permission?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the spending was done without the owner's permission, there are two narrations (*riwayatan*) regarding the right to reimbursement. This issue is analogous to the ruling on paying off a debtor's debt without their permission, as the spender is acting on their behalf regarding an obligation.
Supporting text
Abu Al-Khattab stated that if the spender was capable of seeking permission but failed to do so, the act is considered voluntary charity, and no reimbursement is due. If the spender was incapable of seeking permission, the matter is subject to the two established narrations. This same judgment applies to the case of shrouding a mortgaged slave who has died. However, the first established opinion is considered more consistent with the established school of thought (*al-madhhab*) because the inability to seek permission from the creditor is not a consideration in settling a debt.