The foundling is deemed free in every legal respect, for freedom is the default state while slavery is incidental; when nothing is known to the contrary, one presumes the absence of servitude.

Any property discovered on the child’s person or in his immediate vicinity belongs to him, in accordance with outward evidence and because he is effectively in possession of it. His finder should spend on him from that wealth in a reasonable manner, for the finder now exercises guardianship over him. If nothing is found with the child, his upkeep comes from the public treasury, as ʿUmar (may Allah be pleased with him) said to the man who had picked up a foundling: “Go; he is free, his patronage (walāʾ) is yours, and his maintenance is upon us.” The phrase “his patronage is yours” grants the right of guardianship, while “his maintenance is upon us” refers to support from the Muslims’ treasury.

In another report ʿUmar said, “His nursing is upon us,” meaning it is likewise paid from the public funds. Therefore the finder is not personally obliged to provide either maintenance or nursing; the burden rests with the treasury. Should that avenue be unavailable, the duty of support falls upon any Muslim who is aware of the child’s condition, for Allah the Exalted says, “And cooperate with one another in righteousness and piety” (5:2). Abandoning him would lead to his ruin, and spending on him is a form of mutual assistance, comparable to hosting a guest.

As for his religious status: if the child is found in Muslim territory, or in a non-Muslim land where Muslims are the majority, he is considered a Muslim, based on the Prophet’s saying, “Every newborn is born upon the fiṭra (innate disposition).”