Chapter: The Foundling

A foundling is a child whose lineage and status of freedom or slavery are unknown, who has been abandoned or has gone astray. ………………

His statement, “The foundling”: He follows the chapter on lost property with the chapter on the foundling, and the connection is evident: lost property concerns things that have gone missing, whereas this concerns human beings who have gone missing. It is therefore fitting that they place the chapter on the foundling after the chapter on lost property. There are, moreover, other connections, such as with the chapter on what lineage is established and what is not established, and likewise with inheritance. Yet it most closely resembles lost property, which is why they made it follow that chapter.

In Arabic, laqīṭ (foundling) is an adjective in the pattern faʿīl with the meaning of a passive participle, because this pattern frequently carries the passive sense in Arabic. Thus, qatīl means “slain,” and jarīḥ means “wounded.” Although the basic meaning of this pattern is that of an active participle, it may carry a passive sense according to the context and indications. Thus, laqīṭ means malqūṭ: one who has been picked up.

As for its technical definition, the author says: “It is a child whose lineage and status of freedom or slavery are unknown, who has been abandoned or has gone astray.”

His statement, “a child”: a child is one who has not yet reached the age of discernment.

His statement, “whose lineage is unknown”: that is, it is not known to whom he belongs. If his lineage is known, then he is not a foundling.

His statement, “and whose status of freedom or slavery”: it is not known whether he is free, traced to so-and-so, son of so-and-so, or a slave owned by so-and-so or so-and-so.

His statement, “who has been abandoned”: that is, he is found abandoned, and we know that he has been abandoned from the contextual indications,