before the consummation of marriage, and he finds the dowry has returned to the woman. All other rulings regarding the return of [the item] here are like the ruling on the return of the husband, according to what we will mention in its proper place, if Allah the Almighty wills.

Section: If he takes the lost item, then returns it to its place, he becomes liable for it. This was narrated from Tawus, and it is the view of al-Shafi'i. Malik said: He bears no liability, based on what al-Athram narrated from al-Qa'nabi, from Malik, from Yahya ibn Sa'id, from Sulayman ibn Yasar, from Thabit ibn al-Dahhak, from Umar, that he said to a man who found a camel: "Send it back to where you found it." And also based on what was narrated from Jarir ibn 'Abd Allah, that he saw a cow that had joined his cattle, so he ordered that it be driven away until it disappeared. Our position is that it is a trust that has entered his possession, so he is obligated to preserve it; thus, if he causes it to be lost, he is liable for it, just as if he had caused a deposited item to be lost. Furthermore, once it entered his possession, it became mandatory for him to preserve it, and leaving it behind constitutes neglecting it. As for the hadith of Umar, it pertains to a stray animal that is not permissible [to keep/take]. As for that which is not permissible to pick up if he takes it, it is possible that he is permitted to return it to its place and bears no liability due to these reports, and because he was initially obligated to leave it in its place, so he is permitted to do so after taking it. It is also possible that he is not absolved of liability by returning it, because it entered into his guarantee, so he is not absolved of liability by returning it to its place, similar to stolen goods or that which is permissible to pick up. Based on this, he is not absolved except by returning it to the Imam or his deputy. As for Umar, he was the Imam, so when he ordered it to be returned, it was as if he had taken it from him. The hadith of Jarir is not a proof, because he did not take the cow, nor did his servant take it; rather, it joined the cattle without his action or choice.