—if we do not say that it is obligatory. This may also be inferred from the hadith, in the words: “until its owner finds it.” This reasoning indicates that if it is in a place where it is feared that highway robbers may take it, then he should pick it up, and there is nothing wrong with doing so; for in that case it is most likely that its owner will not find it. Accordingly, we say: if this hadith does not indicate that he should take it, then it is qualified by the general texts; but if it does indicate this, then it means that if it is not safe to assume that its owner will find it, he should take it.
The second category is an animal that cannot defend itself against small predators, such as sheep, goats, young camels, and the like. It is permissible to pick up such an animal, provide for it, and recover the expense from its owner if he is found. If he fears that the expense will exceed its value, he should record its distinguishing features, then sell it and preserve its price for its owner. If the owner comes and describes it, and the description corresponds to the item in question, he should give him the price.
He may pick up lost property other than this, whether an animal or otherwise, if he is confident that he can be trusted with it; otherwise, he is like a usurper.
His statement, “He may pick up lost property other than this, whether an animal or otherwise, if he is confident that he can be trusted with it”: the expression “he may” here denotes permissibility, the opposite of prohibition. Since he said, “It is unlawful to take it,” he then said, “He may”; thus, it stands in contrast to prohibition. That is, it is not unlawful for him to pick up other lost property.
But is it better for him to pick it up, better for him not to pick it up, or is it unlawful for him to pick it up?
The author says that it is unlawful for him if he is not confident that he can be trusted with it. Thus, if he does not trust himself not to spend it, if it is money, or slaughter it, if it is a sheep, then it is unlawful for him to take it, and his ruling is that of a usurper.