regarding the stray sheep: "Take it, for it is either for you, for your brother, or for the wolf." This is a validation of its consumption; if it is permissible for that which is self-protected, then it is all the more so for that which spoils if left alone.

949- Issue: He said: (And he shall not approach a camel, nor anything that has the strength to defend itself.)

In summary, every animal that is strong enough to defend itself against small predators and to reach water may not be picked up nor approached, whether it is due to its large size, such as camels, horses, and cattle, or its ability to fly, such as all birds, or its speed, such as gazelles and game, or its fangs, such as dogs and leopards. Umar (may Allah be pleased with him) said: "Whoever takes a stray animal is misguided (dall)," meaning he is at fault. This is the opinion of Al-Shafi'i, Al-Awza'i, and Abu Ubayd. Malik and Al-Layth said regarding stray camels: "Whoever finds them in the villages must announce them, and whoever finds them in the desert must not go near them." Al-Muzani narrated this from Al-Shafi'i. Al-Zuhri used to say: "Whoever finds a sacrificial camel (badana) must announce it; if he does not find its owner, he should slaughter it before the three days expire." Abu Hanifa said: "[It is a lost item (luqata)] (1) and picking it up is permissible, because it is a lost item similar to sheep." Our argument is the statement of the Messenger of Allah (peace and blessings of Allah be upon him) when he was asked about it: "What do you have to do with it? It has its hoofs and its water-skin with it; it reaches the water and eats the trees until its owner finds it." (2) The Messenger of Allah (peace and blessings of Allah be upon him) was asked, and it was said: "O Messenger of Allah, we find stray camels." He said: "The stray animal of a Muslim is a burning fire." (3) It is narrated from Jarir ibn Abdullah that he ordered the chasing away of a cow that had joined his cattle until it disappeared, and he said: "I heard the Messenger of Allah (peace and blessings of Allah be upon him) say: 'None shall shelter (4) a stray animal except a misguided one.'" Abu Dawud narrated it with the same meaning. (5) Their analogy contradicts the explicit text.