It is not required for him to announce it (ta'rif), because Umar, may Allah be pleased with him, did not use to announce stray animals. Furthermore, when such is announced, anyone who has a lost animal will come to the place of stray animals; if he recognizes his stray, he produces evidence (bayyina) for it and takes it. Sufficiency is not found in mere description, because these animals are visible among people, so anyone who sees them—even if not their owner—can learn their descriptions, and thus the description does not serve as proof of his ownership of them. Also, because the stray animal was already visible among people while it was in the hands of its owner, the owner does not have an exclusive knowledge of its descriptions over others, so that does not constitute evidence. It is possible for him to establish evidence for it due to its visibility to the people and the knowledge of his associates and neighbors regarding his ownership of it.

Section: If someone other than the Imam or his deputy takes it in order to safeguard it for its owner, that is not permissible for him, and he becomes liable for it (daman), because he has no authority (wilaya) over its owner. This is the manifest position of the school of Al-Shafi'i. Among his followers, there is a view that it is permissible for him to take it for the purpose of safeguarding it, by analogy (qiyas) to the Imam. This is invalid, because the Prophet (peace and blessings of Allah be upon him) prohibited taking it without distinguishing between one who intends to safeguard it and one who intends to pick it up as a stray. Analogy to the Imam is invalid, because the Imam has authority, whereas this person has no authority. If he finds it in a place where he fears for it—such as finding it in a land infested with predatory animals where it is highly probable that a lion would devour it if left there, or near the Abode of War (dar al-harb) where he fears for it from its people, or in a place where the inhabitants consider the wealth of Muslims lawful to seize, such as Wadi al-Taym, or in a wilderness without water or pasture—then it is more appropriate that taking it for the purpose of safeguarding is permissible, and there is no liability on the taker, because in doing so he saves it from destruction, making it similar to rescuing it from drowning or fire. Once it is in his possession, he shall hand it over to the deputy of the Imam, and he is absolved of its liability. He does not gain ownership of it through announcement, because the Law (Shar') did not provide for that in this case.

Section: As for the stray animals that come to the Imam, he shall call witnesses to them and mark them as strays. Then, if he has a protected pasture (hima) in which they can graze, he shall leave them there if he deems that fit. If he considers it to be in the interest