to the Muslims; according to another view, his patronage belongs to whoever finds him. There is no basis for saying that he is owned by whoever finds him. He must either be the son of a slave woman, in which case he belongs to her master and ownership of him can pass only through a means by which ownership is transferred, or the son of a free woman, in which case he is free. The correct position, upheld by the scholars, is that he is free, for all people descend from Adam and Eve—may the fullest peace be upon them—and freedom is therefore the original state. This is reported from ‘Umar ibn al-Khattāb, who said, “An abandoned child is free.” ‘Alī ibn Abī Tālib likewise said, “A foundling is free,” and recited the words of Allah Most High:

“And they sold him for a paltry price—a few dirhams.” [Joseph: 20]

The evidence in this verse is that, had a foundling belonged to whoever found him, they would not have needed to purchase him. This is clear.

Section

Since being found does not change a foundling’s original status or make him the property of whoever finds him, likewise, the ownership of lost property does not pass from its owner. According to some scholars, even after publicly announcing it, the finder may use it only by way of a loan, not as his own property. This is al-Shāfi‘ī’s position: the finder may spend the lost property after publicly announcing it, even if he has no need of it. His evidence is the following report:

“‘Alī ibn Abī Tālib found a dinar and brought it to the Prophet, may Allah bless him and grant him peace. He said, ‘O Messenger of Allah, I found this.’ He replied, ‘Announce it publicly.’ ‘Alī went away for as long as Allah willed, then said, ‘I have announced it, but I have found no one who recognizes it.’ He said, ‘Then make use of it.’ So ‘Alī went and pawned it for three dirhams, some food, and fat. While matters stood thus, its owner came looking for it. ‘Alī came to the Prophet, peace be upon him, and said, ‘This is the owner of the dinar.’ He said, ‘Return it to him.’ So ‘Alī returned it to him after they had eaten from what it had procured.”