to manage it himself. Some of the companions of al-Shafi'i said: He sells it with the permission of the Imam. Our argument is that if it is permissible for him to eat it without (20) permission, then selling it is more appropriate. Our companions did not mention an announcement (ta'rif) for it in these cases. This is the opinion of Malik, based on the hadith of Zayd ibn Khalid, for the Prophet (peace and blessings of Allah be upon him) said: "Take it, for it is either for you, your brother, or the wolf." He did not command that it be announced, as he had commanded regarding lost gold and silver. Our argument is that it is a lost item of value, so it must be announced, like large quantities of food. He only omitted the mention of its announcement because he had mentioned it after his clarification of the announcement for other than it, so he had no need to mention it again here. The permissibility of disposing of it within the year does not necessitate the dropping of the announcement requirement, just like food.

Section: If he eats it, its value is established as a liability upon him, and he is not required to set it aside, because there is no benefit in that; for it does not transfer from the liability to the segregated wealth. If he were to set something aside and then become insolvent, the owner of the lost property would be like the rest of the creditors and would not have priority over the segregated wealth. If he sells it and preserves its price, and its owner comes, he takes it, and none of the creditors share it with him because it is the actual property, and the insolvent person has no right to it.

Section: If he finds something that does not last for a year, this is of two types. First, that which does not remain [fresh] by treatment or otherwise, such as cooked food, watermelons, fruit that cannot be dried, and vegetables. He is given the choice between eating it or selling it and preserving its price; it is not permissible to keep it, because it will perish. If he leaves it until it perishes, he is liable for it, because he was negligent in its preservation, so he is obligated to guarantee it, like a deposit. If he eats it, its value is established as a liability upon him, according to what we mentioned regarding the lost sheep. If he sells it and preserves its price, it is permissible. This is the apparent school of al-Shafi'i, and he has the right to manage its sale himself. From Ahmad, there is a narration that (21) he may sell the small amount, but if it is a large amount, he should hand it over to the Sultan. The companions of al-Shafi'i said: He does not have the right to sell it