23 – The Book of the Foundling

A foundling is presumed to be a free Muslim, and his maintenance is paid from the Public Treasury (Bayt al-Mal).

If a man picks up the child, no one else may remove him from that man’s custody. Should someone claim, “He is my son,” his word is accepted; if two people claim him and one of them can describe a distinctive mark on the child’s body, that claimant has priority.

If the child is found in a Muslim city or one of their villages and a dhimmi claims that he is his son, the lineage is established to that dhimmi and the child is treated as a Muslim. Conversely, if he is found in a village belonging to the People of the Covenant, or inside a synagogue or church, he is deemed a dhimmi.

Anyone who alleges that the foundling is his slave is not believed. However, if a slave claims the child as his son, the lineage is confirmed and the child is free.

Should any property be found tied to the child, it belongs to him. The finder may neither arrange the child’s marriage nor dispose of his wealth.

The finder may, however, accept gifts on the child’s behalf, apprentice him to a trade, and lease out his services.