he sees another person who says, “Leave him to me.” In that case, the collective obligation has been fulfilled.
The scholars differed—may Allah have mercy on them—over which is superior: a collective obligation or an individual obligation. Some held the collective obligation to be superior, saying that whoever fulfils it lifts the obligation from all people; it is as though he has attained the reward of all of them. Others said that the individual obligation is superior, because it is required of every person. This view is undoubtedly the stronger one, for had Allah Most High not loved it, and loved that all His servants carry it out, He would not have made it an individual obligation.
In our present time, praise be to Allah, the government in Saudi Arabia has designated particular homes for such children, called care homes or something similar. This child is therefore taken and placed in a care home. But if the person who found him wishes to keep him in his own custody, is he prevented from doing so? No, he is not prevented, but a condition is required, which will come, Allah willing.
His statement, “He is free,” refers to the foundling. Thus, the person who finds him may not say, “He is a slave, and I took him, so he is my slave; I may sell him and purchase another in his place.” Even if he is found in a district whose inhabitants are slaves, he is free, because the basic presumption concerning human beings is freedom.
His statement, “Whatever is found with him or beneath him—whether plainly visible or freshly buried—or connected to him, such as an animal or otherwise, or near to him, belongs to him,” means that it belongs to the foundling. The relative pronoun “whatever” is the subject, and “belongs to him” is the predicate. His words, “Whatever is found with him,” mean: with the foundling—for example, something in his pocket, hanging from his neck, or the like. This belongs to him and is not lost property. This sometimes occurs with foundlings: the one who abandoned them places around their necks either coins, food, or a container of milk, so that it is