that of an adult is in his possession. Do you not see that a man sits in the marketplace with his wares near him, and it is judged that they are in his possession? And a porter, when he sits to rest, leaves his load near him. As for what is buried beneath him, Ibn 'Aqil said: If the digging is fresh, it belongs to him; otherwise, it does not, because the appearance is that if it were fresh, the person who placed the foundling dug it, and if it were not fresh, it was buried before he was placed there. It was also said: It does not belong to him under any circumstances, because it is in a location he does not possess if the digging is not fresh, so he does not have it if the digging is fresh, just like something distant from him. And because the appearance is that if it were his, the person who placed him would have tied it to his clothes so that it might be known, and would not have left it in a place where it would not be discovered. Everything we have ruled is not his, its status is the status of a lost-and-found item (luqata). What is his is to be used for his maintenance. If it is sufficient for him, his maintenance does not become incumbent upon anyone, for he possesses wealth and thus is like other people. When this is established, the one who found him may spend from it on him without the judge's permission. This was mentioned by Abu 'Abd Allah ibn Hamid, because he is his guardian, so the judge's permission is not considered in the matter of spending on him, like the guardian of an orphan. And because this is from the command of enjoining good, so the Imam and others are equal in it, like the destruction of wine. Abu al-Harith narrated from Ahmad regarding a man who entrusted money to another man, then went away and his absence was prolonged, and he has children who have no maintenance. May this trustee spend on them from the absentee's wealth? He said: His wife should go to the judge until he orders him to spend on them. So he did not grant him permission to spend on them without the judge's order. Some of our companions said: This is similar to it. The correct view is that this differs from it in two respects: One is that the finder has guardianship over the foundling and his wealth; for he has the authority to take and protect him. The second is...