Those who said: a foundling is free

It is narrated from Zuhayr that a man found a newborn foundling lying abandoned. He brought him to Sayyiduna Ali (may Allah be pleased with him), and he set him free. (He did not count him as a slave.)

Sayyiduna Sunayn Abu Jamilah (may Allah be pleased with him) said: I found a child. My 'arif (tribal overseer) mentioned it to Sayyiduna Umar (may Allah be pleased with him). I went to him and Sayyiduna Umar (may Allah be pleased with him) said: "He is free, his wala' is yours, and his upbringing is our responsibility."

Ibrahim (may Allah have mercy on him) said concerning a newborn foundling who is found lying abandoned: If the one who picked him up intended him to be free, he is free, and if he intended him to be a slave, he is a slave.

Ibrahim (may Allah have mercy on him) said: A newborn foundling, if found, will be counted as free.

The same is reported from Amir (may Allah have mercy on him).

Amir (may Allah have mercy on him) said: If a child is found fallen somewhere, he is not to be made a slave.

Ata said: A newborn foundling, if found lying abandoned, will be counted as free.

Sayyiduna Umar (may Allah be pleased with him) set free a newborn foundling who had been found lying abandoned.

Shu'bah (may Allah have mercy on him) said: I asked al-Hakam and Hammad about a newborn foundling who is found lying abandoned. They said: He will be counted as free.

Shu'bah said: I asked al-Hakam: From whom is this narrated? He said: From al-Hasan al-Basri, from Sayyiduna Ali (may Allah be pleased with him).

Tamim bin Masih (may Allah have mercy on him) said: I went out of the house, and I had no children. I found a newborn foundling lying abandoned, and I brought him to Sayyiduna Ali (may Allah be pleased with him). He attached him to the people of the neighbourhood.

Sayyiduna Umar (may Allah be pleased with him) said: They will be counted as slaves.

Musa al-Juhani (may Allah have mercy on him) said: I saw a child born of zina whom Sayyiduna Ali (may Allah be pleased with him) attached to the people of the neighbourhood.

Umar bin Abd al-Aziz (may Allah have mercy on him) wrote to the people of Makkah: "A newborn foundling who is found lying abandoned will be counted as free."