Hadith 1705
اُردوEn
حَدَّثَنَا ابْنُ السَّرْحِ ،حَدَّثَنَا ابْنُ وَهْبٍ ، أَخْبَرَنِي مَالِكٌ ، بِإِسْنَادِهِ وَمَعْنَاهُ ، زَادَ : " سِقَاؤُهَا تَرِدُ الْمَاءَ وَتَأْكُلُ الشَّجَرَ " ، وَلَمْ يَقُلْ : خُذْهَا فِي ضَالَّةِ الشَّاءِ ، وَقَالَ فِي اللُّقَطَةِ : " عَرِّفْهَا سَنَةً فَإِنْ جَاءَ صَاحِبُهَا وَإِلَّا فَشَأْنُكَ بِهَا " ، وَلَمْ يَذْكُرْ : اسْتَنْفِقْ . قَالَ أَبُو دَاوُد : رَوَاهُ الثَّوْرِيُّ وَ سُلَيْمَانُ بْنُ بِلَالٍ وَ حَمَّادُ بْنُ سَلَمَةَ ، عَنْ رَبِيعَةَ مِثْلَهُ ، لَمْ يَقُولُوا : خُذْهَا .
The above mentioned tradition has also been transmitted by Malik through a different chain of narrators to the same effect. This version adds: They have their stomachs: They can go down to water and eat trees. He did not say about the stray sheep: take it. About a find he said: Make it known for a year; if it’s owner comes, (give it to him), otherwise use it yourself. This version has not the word: “ spend it”. Abu Dawud said: This tradition has been narrated by al-Thawri, Sulaiman bin Bilal, and Hammad bin Salamah on the authority of Rabi ‘ ah in a similar manner. They did not mention the word “take it”.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
1705. Commentary:
➊ A goat, being a weak animal that cannot endure much hunger or thirst and is unable to defend itself against predators and the like, will be lost if not taken into possession. Therefore, it is not appropriate in any way to leave it unattended. However, the case of a camel is different from this, so it is not permissible for a person to take it into his possession—unless there is a fear that a transgressor, thief, or bandit, etc., might seize it, or that it might itself wander into enemy territory. In such cases, safeguarding it is better, provided there is a strong presumption that the animal belongs to a Muslim. And Allah knows best.
➋ In this narration, the narrators have not mentioned the words «خذها» "take it" and «استنفق » "benefit from it," whereas these words are present in Sahih al-Bukhari. See (Sahih al-Bukhari, Kitab al-Luqatah, Chapter: The Lost Sheep, Hadith: 2428).
➊ A goat, being a weak animal that cannot endure much hunger or thirst and is unable to defend itself against predators and the like, will be lost if not taken into possession. Therefore, it is not appropriate in any way to leave it unattended. However, the case of a camel is different from this, so it is not permissible for a person to take it into his possession—unless there is a fear that a transgressor, thief, or bandit, etc., might seize it, or that it might itself wander into enemy territory. In such cases, safeguarding it is better, provided there is a strong presumption that the animal belongs to a Muslim. And Allah knows best.
➋ In this narration, the narrators have not mentioned the words «خذها» "take it" and «استنفق » "benefit from it," whereas these words are present in Sahih al-Bukhari. See (Sahih al-Bukhari, Kitab al-Luqatah, Chapter: The Lost Sheep, Hadith: 2428).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 1705
