QUESTION:
On the neighbourhood group, there’s a post of a cat that’s come into someone’s yard. It looks like a stray and it’s not older than a month. The picture has been circulating around on the various groups looking for its owner, but nobody has responded. Would it be permissible for me to take the cat and care for it until someone claims it, or keep it indefinitely if nobody responds?
ANSWER:
The ruling regarding lost items is, that one should try to locate the owner by advertising through social media, putting up notices in the marketplaces, etc. As stated in the query, the cat has already been advertised on social media but no one has laid claim to it, hence, one of the following two options may be adopted:
1. One may adopt the cat and look after it. When the owner is located, then it will be returned to him. However, any monies spent on maintaining the cat cannot be claimed.
2. It may be given in charity to a poor person that is eligible to receive Zakaat. If the owner is later located and approves of the Sadaqah, then it will be in order. However, if he is not in favour of the Sadaqah, then the one that gave the cat will have to reimburse him.
ويعرف الملتقط اللقطة في الأسواق والشوارع مدة يغلب على ظنه أن صاحبها لا يطلبها بعد ذلك هو الصحيح، كذا في مجمع البحرين ولقطة الحل والحرم سواء، كذا في خزانة المفتين، ثم بعد تعريف المدة المذكورة الملتقط مخير بين أن يحفظها حسبة وبين أن يتصدق بها فإن جاء صاحبها فأمضى الصدقة يكون له ثوابها وإن لم يمضها ضمن الملتقط (الهندية 2/289)
Re: – Fataawa Mahmoodiyyah Vol. 23 Pg. 371
ALLAH TA’ALA IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Molana A.K. Fazlani
CHECKED AND APPROVED BY:
Mufti Mohammed Desai
Date: 04 Dhul Hijjah 1445 / 11 June 2024
