The section on renting · 77 – Whoever revives a beast unable to walk, becomes its owner.
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Amir al-Sha'bi has reported on the authority of the Messenger of Allah, peace be upon him, as saying: "Whoever finds a neglected animal that its owner is unable to care for and leaves it abandoned, and takes it (and tends to it, feeds it), then that animal belongs to one who revived it."
In the narration related by 'Iban: Ubaydu'llah says: I asked Sha'bi, from whom do you relate? He said: From many of the Companions of the Prophet.
Abu Dawud said: "This is Hammad’s hadith. It is clearer and more complete."
Sha'bi, may Allah be pleased with him, narrated that the Messenger of Allah, peace and blessings be upon him, said in a narration transmitted to him: “If someone leaves an animal he owns in a place where it is likely to die, and another person tends to it and revives it, then the animal belongs to the one who revived it.”
COMMENTARY
If an animal weakens, its owner may gift it to someone who can care for it. That person cares for it and uses it in his service. It is not permissible to abandon it on a mountain because domesticated animals are sometimes in need of sustenance. To release them as weak or old is to abandon them to death, which leads to mercilessness.