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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 335

Translation · EN

the deposit, it is valid for him to find [lost property], just as it is for a free person. Their statement that the slave is not among those capable of guardianship or holding trusts is refuted by the case of the child and the insane person, for they are in a lower state than he is in this regard. Their statement that the slave cannot own is denied, and even if we were to concede it, he acquires ownership for his master, just as it occurs through other types of earnings. Furthermore, finding lost property is a means of saving wealth from destruction, so it is permissible for a slave to do so without his master's permission, just like rescuing sunken or usurped property. Once this is established, if a slave finds a lost item, it is a trust in his hand; if it perishes without negligence during the year of announcement, he is not liable. If it perishes due to negligence or destruction, liability for it becomes incumbent upon his person, like all his other offenses. If he announces it, his announcement is valid because he has a valid statement, so his announcement is valid, just like that of a free person. Thus, when the year of announcement is completed, his master owns it, because finding lost property is the slave's earning, and his earnings belong to his master. If the master knows of his slave's found item, he has the right to take it from him, because it is among the slave's earnings, and the master has the right to take his slave's earnings from his hand. If he takes it after the slave has announced it, he owns it. If he has not announced it, his master shall announce it for a full year; if the slave had already announced it for part of the year, the master shall announce it for the remainder. If the master chooses to leave it in his slave's hand, one must consider: if the slave is trustworthy, it is permissible, and the master is being assisted by his slave in safeguarding it, just as he is assisted by him in safeguarding his wealth. If the slave is not trustworthy, the master is considered negligent by leaving it in his hand, and he becomes liable for it, as if he had taken it from his hand and then returned it to him, because the slave's hand is like his own hand, and what is rightfully attained through it belongs to his master. If the master frees his slave after the finding, he has the right to remove the lost item from his hand, because it is one of his earnings, and his earnings belong to his master. Whenever the slave knows that his master is not to be trusted with it, he is obligated to conceal it from him and deliver it to the judge, so that he may announce it and then deliver it to the master on the condition of liability. If he informs his master of it and he does not take it from him, or if he takes it, announces it, and fulfills the trust regarding it, and it perishes in the first year without negligence, there is no liability for it, because it did not perish due to negligence.

Notes

(9) In the original: 'sa'ir al-iktisabat' (other earnings). (10) In [Manuscript] M: 'bi-tafritihi' (by his negligence). (11) In [Manuscript] M: 'tafritihi' (his negligence).

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