Abu 'Ubayd. The foundation of the 'ifas (container) is that it is the leather which covers the head of a flask. His saying: "it has its shoes" (hadha'aha) means its hoof, for because of its strength and hardness, it acts in the place of a shoe. Its "saqa" (water-skin) is its stomach; because it consumes much water in it, which remains with it and prevents it from thirst. The "dallah" (stray) is a name specifically for animals, unlike other types of found property, and the plural is "dawall". It is also called "al-hawami", "al-hawafi", and "al-hawamil".

Section: Our Imam (may Allah have mercy on him) said: It is more virtuous to refrain from picking it up. A similar meaning has been narrated from Ibn Abbas and Ibn Umar. Jabir ibn Zayd, al-Rabi' ibn Khuthaym, and 'Ata' held this opinion. Shurayh once passed by a dirham and did not pay attention to it. Abu al-Khattab chose the view that if one finds it in a place of destruction and feels secure in himself regarding it, then it is more virtuous to pick it up. This is the opinion of al-Shafi'i. Another opinion has been narrated from him, that it is obligatory to pick it up, due to the saying of Allah the Exalted: "The believing men and believing women are allies of one another." If he is his ally, it becomes mandatory upon him to preserve his property. Among those who were of the opinion that it should be picked up were Sa'id ibn al-Musayyib, al-Hasan ibn Salih, and Abu Hanifa. Ubayy ibn Ka'b and Suwayd ibn Ghaflah also used to pick it up. Malik said: If it is something of value, it is more pleasing to me that he picks it up and announces it, because that involves preserving a Muslim's property; so it is better than letting it go to waste or rescuing it from drowning. Our position is the opinion of Ibn Umar and Ibn Abbas, and we do not know of any opposition to them among the Companions. Furthermore, it exposes oneself to consuming the haram and neglecting the obligation of announcing it and fulfilling the trust regarding it; therefore, refraining from it is better and safer, just like the guardianship of an orphan's property, the changing of wine (into vinegar), and other things they mentioned, which are invalidated by the case of stray animals, for it is not permissible to pick them up despite what they mentioned, and similarly the guardianship of orphans' property.