The apparent implication of al-Khiraqi’s words is that he is to be left in his custody but prevented from traveling with him, lest he claim he is his slave and sell him. It is appropriate that he be required to have witnesses for him and that someone be assigned to supervise him; for if we assign someone to supervise the finder in the case of a lost item (luqatah), then this is more appropriate here. Al-Qadi said: The school of thought is that the foundling is to be taken from his custody. This is the position of al-Shafi'i, because there is nothing in the protection of a foundling except guardianship (wilayah), and there is no guardianship for a fasiq (unjust/immoral person). It differs from a lost item in several respects: First, in the case of a lost item, there is an element of potential gain, whereas here there is nothing but guardianship. Second, if we were to take the lost item from him, we would return it to him after the year has passed, so we exercised caution regarding it while it remained in his hands; whereas here, it is not returned to him after being taken away, so taking it away is a more precautionary measure. Third, the intent in that case is the protection of wealth, and it is possible to exercise caution by demanding he swear an oath regarding the announcement, or by the judge appointing someone to announce it, whereas here the intent is the protection of freedom and lineage, and there is no way to demand an oath from him, for he might claim he is a slave in some lands or at some time. Furthermore, a lost item only requires protection and caution for one year, while this requires caution for his entire life. However, based on the apparent wording of al-Khiraqi, he is not to be taken from his custody because guardianship was established for him through his finding him and arriving at him first. It is possible to protect the foundling while in his custody by having witnesses and by adding a trustworthy person to supervise him and publicize his situation, so that it becomes known he is a foundling; he is thus protected without losing his guardianship, combining both rights, just as in the case of a lost item, and as if the executor were treacherous. What was mentioned as a preference for the case of a lost item can be countered by noting that the foundling is visible and exposed, so treachery regarding him is not hidden, while a lost item is hidden and concealed, where treachery can occur without it being known. Also, a lost item can be partially taken, diminished, or substituted, which is not possible with a foundling. Moreover, wealth is a place for treachery, and human souls are inclined to acquire it, unlike the foundling.