or because he is unable to provide fodder for it, the one who takes possession of the animal acquires ownership of it in return for the fodder he supplies; the same ruling applies to property that is thrown overboard for fear of drowning.1
Second: Stray animals that can fend off small predators—such as camels, cattle, horses, mules, donkeys, and gazelles. It is unlawful to pick these up, and whoever does so is liable for them just as in the case of usurpation. That liability is lifted only by handing the animal over to the imam or his deputy, or by returning it to its place with the imam’s permission. Whoever conceals any of them must pay twice their value. If one of these animals merely follows his own beasts and he drives it away, or it enters his house and he expels it, he bears no liability, for he has not actually taken it.
Third: Items such as gold, silver, other goods, and animals that cannot protect themselves from small predators—like sheep, young weaned camels2, young calves, geese, and chickens. These may be picked up by someone who is confident in his own trustworthiness and ability to make the required public announcement, although it is still preferable to leave them. If he does take them and later returns them to the very spot where he found them, he is nonetheless liable for them.
Section
This last category is itself divided into three kinds:
- If what he has picked up is a live animal, he must choose one of three options: slaughter and eat it while later reimbursing its value; sell it and safeguard the proceeds; or keep it and spend on its upkeep out of his own pocket, with the right to reclaim what he spent if he intended to do so. If the three options are equally viable, he is free to choose whichever he prefers.