Section: It is permissible for whoever finds a runaway slave to take him into custody. This is the position of Malik, al-Shafi'i, and the Scholars of Reason (Ashab al-Ra'y). We know of no disagreement regarding this; this is because a slave is not secure from escaping to the Abode of War (Dar al-Harb), apostatizing, or becoming occupied with corruption in other lands, unlike stray animals that can protect themselves. When he takes him into custody, he is a trust in his hand. If he perishes without negligence on his part, he bears no liability. If he finds his master, he shall return him (33) to him if he establishes evidence for it or if the slave confesses that he is his master. If he does not find his master, he shall deliver him to the Imam or his deputy, who will then look after him for his master or sell him if he sees a benefit in selling him. Malik and the Scholars of Reason said something similar, and we know of no one (34) who disagrees with them. The finder does not have the right to sell him or take ownership of him after notifying him (making him known), because a slave can protect himself; he is like stray camels. If he sells him, the sale is invalid according to the majority of scholars, among them Abu Hanifah and al-Shafi'i. If the Imam sells him for a benefit he sees in his sale, and then his master comes and confesses that he had already manumitted him, it is accepted from him, because he does not bring any benefit to himself by this, nor does he deflect any harm from himself. It is possible that it might not be accepted, because he is the property of another, so his confession regarding the property of another is not accepted, just as if the master sold him and then confessed to his manumission. On this basis, his master does not have the right to take his price, because he confesses that he is free. He is not entitled to his price, but it shall be taken to the Public Treasury (Bayt al-Mal), because it is entitled (35) to it, just like the inheritance of one who dies leaving no heir. If the master returns and denies the manumission and demands the money, it is delivered to him, because he has no one disputing him over it.

Section: If a slave runs away and ends up in the hands of a judge, and his master establishes evidence before the judge of another land that 'such-and-such person, who has such-and-such description'—and he exhaustively details his descriptions—is the slave of 'so-and-so, son of so-and-so' (36) who ran away from him, and the judge accepts his evidence and the judge writes (37) to the judge who has the slave, 'The runaway status of so-and-so, whose description is such-and-such, has been proven before me,' his letter shall be accepted, and the slave shall be handed over to him. This is the position of