there were donkeys in the time of those who cited them as an example that could defend themselves, then so be it. But the donkey found among us—the domestic donkey—cannot defend itself.

As for the mule, it can defend itself, as can the horse. Likewise, an animal that escapes small predators by its speed, such as gazelles, can defend itself from small predators by running swiftly; and so can an animal that escapes small predators by flying, such as pigeons. Thus, whatever can defend itself against small predators by virtue of its large size, its speed, or its flight, it is unlawful to take. This is the governing criterion.

His statement, “It is unlawful to take it,” means that it is unlawful to pick it up, and it is not permissible to do so. The Prophet, peace and blessings be upon him, was asked about a stray camel, and he became angry and said: “Leave it. What concern is it of yours? It has its water-skin and its footwear: it can reach water and eat from the trees until its owner finds it.” (1)

Consider the words of the Messenger, peace and blessings be upon him: it is as though he were one of the camel herders, although he did not herd camels; rather, he herded sheep. His words, “It has its water-skin,” mean its belly, for once it drinks, it can remain for a period without needing to drink, even during the summer days. “And its footwear” means its hoofs. “It can reach water and eat from the trees.” No animal is a better guide to water than the camel. In former times, when people feared dying of thirst, they would tie themselves to camels. The camel would then smell the water from afar and stop at it. Thus, it has its water-skin and its footwear; it can reach water and eat from the trees until its owner finds it.

The apparent meaning of the hadith is general: it is not permissible to interfere with it; it is to be left until its owner finds it. However, when we refer back to the fundamental principles of the Shariah, we say that if it is feared that highway robbers may take it, then in that case he may take it.