it becomes his property. Al-Qadi and Abu al-Khattab mentioned, from Ahmad, another narration that he does not become the owner of it. Perhaps this is the narration in which he forbade picking it up. Our evidence is the saying of the Prophet (peace and blessings of Allah be upon him): "It is for you or for your brother," as he ascribed it to him with the 'lam' of ownership (12). Furthermore, picking it up is permissible (13), so it is acquired through announcement, like currency. Moreover, this is a consensus, as narrated by Ibn 'Abd al-Barr.

Section: The one who finds it has a choice between three things: eating it immediately. This is the view of Malik, Abu Hanifa, al-Shafi'i, and others. Ibn 'Abd al-Barr said: They agreed that the lost sheep, in a place (14) where it is feared for it, may be eaten by him. The basis for this is the saying of the Prophet (peace and blessings of Allah be upon him): "It is for you, or for your brother, or for the wolf." He made it for him immediately and equated him with the wolf, and the wolf does not wait (15) to eat it. Also, eating it immediately provides protection from the expense of spending on it, and safeguards its value for its owner if he comes, for he will receive its full value without deduction. In keeping it, there is a wastage of wealth by spending on it and the liability for its fodder, so eating it is more appropriate. Whenever he intends to eat it, he should record its description, so that when its owner comes, he becomes liable for it to him, according to the opinion of the general body of scholars, except Malik, who said: Eat it, and there is no liability upon you to its owner, nor any requirement of announcement; due to the saying of the Prophet (peace and blessings of Allah be upon him): "It is for you." He did not mandate any announcement or liability for it, and he equated him with the wolf, and the wolf does not announce nor is it held liable. Ibn 'Abd al-Barr said: No scholar has agreed with Malik on his opinion. The saying of the Prophet (peace and blessings of Allah be upon him) in the hadith of 'Abd Allah ibn 'Amr: "Return the lost animal to your brother" (16), is evidence that the sheep remains in the ownership of its master. Because it is a piece of lost property that has value, and a person's soul is attached to it, its compensation is due to its owner when he comes, like other property. Because it is property owned by its owner, it is not permissible to take ownership of it over him without compensation and without his consent, just as if it were between buildings, and because it is an item that must be returned while it remains in existence, so it is required