millstones, large timber, or copper pots, then they are like camels in the prohibition of taking them; in fact, they are even more so, because camels are exposed to destruction in general, either by a lion, or by hunger or thirst, and other such things, whereas these are the opposite. Furthermore, these objects are unlikely to be lost to their owner or move from their place, unlike animals. Therefore, if taking an animal is prohibited, these are even more so.

Section: If one takes this animal, which is not permitted to be taken as a stray to be picked up, one becomes liable for it (daman), whether one is an Imam or someone else, because they have taken another's property without his permission or the permission of the Lawgiver; thus, they are like a usurper (ghasib). If one returns it to its place, one is not absolved of liability. This is the opinion of Al-Shafi'i. Malik said: One is absolved, because Umar, may Allah be pleased with him, said: "Release it in the place where you found it." And Jarir chased away a cow that had joined his cattle. Our argument is that whatever one has become liable for does not cease to be one's responsibility until it is returned to its owner or his deputy, like stolen or usurped property. As for the hadith of Jarir, he did not take the cow, nor did his shepherd take it; it merely joined his cattle, so he chased it away, similar to the case if it entered his house and he turned it out. Consequently, whenever one does not take it such that one's possession of it is established, one is not liable for it, [whether one chases it away or does not. If one takes it and becomes liable for it], then hands it over to the Imam or his deputy, the liability is removed, because the Imam has authority over people's stray animals, as evidenced by the fact that he is permitted to take them, so he is a deputy for their owners in that regard.

Section: The Imam or his deputy may take a stray animal for the purpose of preserving it for its owner, because Umar, may Allah be pleased with him, designated a place called Al-Naqi' for the horses of the mujahideen and stray animals, and because the Imam has authority to safeguard the property of the absent. Taking these animals constitutes a means of protecting them from destruction. It is not incumbent upon him