The Definition of Lost Property

SECTION ON LOST PROPERTY · 1 – THE DEFINITION OF LOST PROPERTY 1701 – From Suwayd ibn Ghafala (may Allah be pleased with him):

SECTION ON LOST PROPERTY · 1 – THE DEFINITION OF LOST PROPERTY

1701 – From Suwayd ibn Ghafala (may Allah be pleased with him):

I went out to battle together with Zayd, son of Suhan, and Salman, son of Rabi'a.

I found a whip, and these two companions told me, "Leave it, do not take it."

I said to them, "No, I will not leave it. If I find its owner, I will return it; if I cannot find its owner, I will use it." Then, after performing the obligation of ḥajj, I returned to Madinah. In Madinah, I asked Ubayy ibn Ka'b about this.

Ubayy said:

I had found a pouch containing one hundred dinars. I brought it to the Messenger of God (peace and blessings be upon him). The Messenger of God (peace and blessings be upon him) said to me, "Announce it (wait) for one year." I announced it and waited for one year, then brought it again to the Messenger of God (peace and blessings be upon him). He said, "Announce it (wait) for another year." I announced it and waited for another year, then brought it again. The Messenger of God (peace and blessings be upon him) said, "Announce it (wait) for another year." (For the third time) I announced it and waited for another year, then brought it again to the Messenger of God (peace and blessings be upon him) and said, "No one has come forth who knows whose it is." The Messenger of God (peace and blessings be upon him) said:

"In that case, keep the amount of the money, the string that ties the mouth of the pouch, and the money pouch itself. If its owner comes, return it; if its owner does not appear, you may use it."

The narrator says: I do not know whether Suwayd ibn Ghafala said to announce it for one year three times or only once. [509]

1702 – The meaning of the previous hadith has been narrated from Shu'ba. According to this narration, his teacher Salama ibn Kuhayl narrated the previous hadith as: "The Messenger of God (peace and blessings be upon him) said three times, 'Announce it for one year,'" and then said: "I do not know whether the Messenger of God (peace and blessings be upon him) commanded Ubayy ibn Ka'b to fulfill this repetition three times within one year or within three years."

EXPLANATION

In this narration, since Salama (may Allah be pleased with him) hesitated as to whether the found item or money was kept for three years or one year, the Ḥanafī jurists have accepted that it should be announced and kept for one year.

Our master Imām Aʿẓam (Abū Ḥanīfa) stated that for a found item (luqata) less than ten dirhams, it should be announced four times, and for a greater amount, it should be announced and kept for one year. According to al-Shāfiʿī and Aḥmad ibn Ḥanbal, even if the finder is wealthy, after waiting, he may use it. According to the Ḥanafīs and Mālikīs, if the owner does not appear after waiting, it should be given in charity. (Maʿālim al-Sunan, vol. 2, p. 265)

1703 – Mūsā ibn Ismāʿīl, through Ḥammād, narrated from Salama ibn Kuhayl the same chain and meaning as the previous hadith number 1701. In this narration, Suwayd used the expression "wait for two or three years" regarding the description of the found property, and the Prophet (peace and blessings be upon him) said to Ubayy ibn Kaʿb: "Determine the number of the pouches you found and the string that ties their mouths." Ḥammād also added to this hadith: "If the owner comes and knows the amount..." No one else narrated this addition from Ḥammād.

1704 – From Zayd ibn Khālid al-Juhanī (may Allah be pleased with him):

A man asked the Messenger of God (peace and blessings be upon him) about the ruling on found lost property. The Messenger of God (peace and blessings be upon him) said: "Announce it for one year, announce the string that ties its mouth and the pouch (and bag) in which you found the item, then use it for your own need. If its owner appears, pay it to its owner." The man said, "O Messenger of Allah, what if the lost property I found is a sheep?" The Messenger of God (peace and blessings be upon him) said:

"Take the lost sheep, for it is either yours, your brother's, or the wolf's share." The man said, "O Messenger of Allah, what if the lost property is a camel?" The Messenger of God (peace and blessings be upon him) became so angry that his temples or his face turned red and said, "What concern is the lost camel of yours? For it has its feet to walk and its water pouch in its belly until its owner comes." [510]

EXPLANATION

Because the sheep is, by its nature, a defenseless animal, any animal from the jackal to the lion can tear it apart. A believer who finds a lost sheep should protect it; as for the camel, and likewise the buffalo and ox, they should be left to themselves and not taken. However, if there is a danger of them being seized unjustly, they should be rescued from the usurper with the intention of returning them to their owner.

The camel is an animal that gathers thousands of wonders and marvels that point to the power of our Creator. It can remain hungry until the hump on its back melts away, for that hump is a storehouse and supply center for nourishment. According to narration, it can endure thirst for a long time even in the burning desert. That curved neck we see serves as a tremendous lever; when it lies down, a load is placed on its back, and when it wants to get up, it stretches its neck forward like a lever and lifts itself, then draws its head back and shifts the load to the rear, raising its front.

Even if a camel is lost, it can protect itself; neither wolf nor bird can harm it.

Vikāʿ: The string tied to the mouth of a pouch.

Viyāʿ: Container.

Isāf: Means money pouch.

1705 – From Mālik (may Allah be pleased with him), the same meaning and chain is narrated with the following addition:

"The camel comes to water, drinks, and eats from trees." Regarding the lost sheep, he did not say, "Take it." Regarding lost property, he said, "Keep it for one year; if its owner comes, so much the better. If not, benefit from it according to its condition." However, he did not mention the phrase "use it for your maintenance."

Abū Dāwūd says: Al-Thawrī, Sulaymān ibn Bilāl, and Ḥammād ibn Salama also narrated from Rabīʿa. They did not narrate the phrase "Take it."

1706 – From Zayd ibn Khālid al-Juhanī (may Allah be pleased with him):

The Messenger of God (peace and blessings be upon him) was asked about luqata (found property), and he said: "Announce it for one year; if its owner comes, give it to him. If not, determine its string and pouch, then consume it. If someone comes searching for it, pay it to its owner."

1707 – From Zayd ibn Khālid al-Juhanī (may Allah be pleased with him):

The Messenger of God (peace and blessings be upon him) was asked about luqata. After this, a narration similar to the Rabīʿa hadith number 1704 was narrated. The narrator continued to relate the incident as follows: The Messenger of God (peace and blessings be upon him) said, "Announce it for one year; if its owner comes, return it. If its owner does not appear, announce its string and container as well. If its owner still does not appear, add it to your property. If its owner appears, pay it to him."

1708 – From Yaḥyā ibn Saʿīd and Rabīʿa, narrated with the chain of transmission of Qutayba and with the same meaning as his narration, with the following addition: (If the seeker comes, let him describe its container and number. If he knows,) return it to him.

1709 – From ʿIyāḍ ibn Ḥimār (may Allah be pleased with him):

The Messenger of God (peace and blessings be upon him) said, "Whoever finds a lost item, let him call a just person or just people to witness it. Let him not conceal it or make it disappear. If he finds its owner, let him return it to its owner. If its owner does not appear, it is the property of Allah, the Mighty and Majestic. He gives it to whomever He wills."

1710 – It is narrated from ʿAbdullāh ibn ʿAmr ibn al-ʿĀṣ:

It was asked to the Prophet (peace and blessings be upon him) about the ruling of eating fruit found on a tree. The Messenger of God (peace and blessings be upon him) said: "Whoever takes it with his mouth and eats it out of need, without filling his garment, there is no penalty for him because of this." "Then, whoever takes something from it and takes it outside, he must pay twice what he took and there is a punishment. If someone steals from the place where dates are laid out to dry, and the value is equal to that of a shield, the penalty is the cutting of his hands." He narrated about the finding of lost camels and sheep as other narrators have transmitted:

The narrator says:

The Messenger of God (peace and blessings be upon him) was also asked about the ruling on finding lost property. The Messenger of God (peace and blessings be upon him) said:

"If a lost item is found on public roads where everyone passes, or in a village with many houses, announce it for one year. If its owner comes, give it to him. If its owner does not appear, it is yours. As for what is found in ruins, one-fifth of the treasure goes to the state, and the rest belongs to the finder." [511]

EXPLANATION

Hubneten: Means a part of a garment.

In our translation, we used "garment" as it is the most commonly used part.

Jarin: Means the place prepared for drying dates.

Micenn: Means shield.

Ṭarīq al-Mayta: Means a road where people pass by.

Ḥirāb: Means ruins that were once inhabited but have become desolate.

Rikāz: Refers to valuable items such as silver hidden underground from previous peoples.

After one-fifth of what is found in ruins is paid to the state, the remainder is lawful for the finder.

1711 – ʿAmr ibn Shuʿayb (may Allah be pleased with him) narrated the previous hadith with the same chain, and in this narration, the Messenger of God (peace and blessings be upon him) said regarding the finding of lost sheep: "Take it until its owner comes."

1712 – From ʿAmr ibn Shuʿayb (may Allah be pleased with him):

With this chain, regarding lost sheep, the Messenger of God (peace and blessings be upon him) said, "That sheep is either yours, your (religious) brother's, or the wolf's share. Be sure to catch it, and the owner will appear." In another narration from ʿAmr, he said, "Take it."

EXPLANATION

This hadith informs us that if the owner of the lost sheep appears, it is his; if not, it is yours; and if neither you nor the owner claim it, it will be the wolves'. Thus, because this animal cannot protect itself from predators, it is necessary to protect it.

1713 – From ʿAmr ibn Shuʿayb (may Allah be pleased with him), from his father, from his grandfather, the same hadith as number 1710 is narrated with the same chain. According to this narration, the Messenger of God (peace and blessings be upon him) said regarding the lost sheep:

"Keep that lost animal until its (owner) comes searching for it." [512]

1714 – From Abū Saʿīd al-Khudrī (may Allah be pleased with him):

ʿAlī, son of Abū Ṭālib (may Allah be pleased with him), found a dinar. He brought it to (his wife) Fāṭima (may Allah be pleased with her). Fāṭima (may Allah be pleased with her) asked her father, the Messenger of God (peace and blessings be upon him), about the ruling of this dinar. The Messenger of God (peace and blessings be upon him) replied: "That dinar is provision (rizq) from Allah, the Mighty and Majestic." Then, the Messenger of God (peace and blessings be upon him), ʿAlī (may Allah be pleased with him), and Fāṭima (may Allah be pleased with her) ate from what was bought with that dinar. Later, a woman came searching for her lost dinar. Thereupon, the Messenger of God (peace and blessings be upon him) said to ʿAlī (may Allah be pleased with him), "O ʿAlī, pay (the woman) her dinar."

EXPLANATION

There is an unknown person in the chain of this hadith.

Tanshudu: Means to search and inquire.

1715 – From ʿAlī (may Allah be pleased with him):

He found a dinar and bought flour with it. However, the owner of the flour recognized ʿAlī (may Allah be pleased with him) and, as a gesture of hospitality, returned the dinar to him. ʿAlī (may Allah be pleased with him) took the dinar and set aside two qirats from it, with which he bought meat.

EXPLANATION

There are points to consider regarding Bilāl ibn Yaḥyā al-ʿAbsī hearing this hadith from ʿAlī (may Allah be pleased with him).

1716 – From Sahl ibn Saʿd (may Allah be pleased with him):

ʿAlī ibn Abū Ṭālib (may Allah be pleased with him) entered the room of his wife Fāṭima, and their sons Ḥasan and Ḥusayn were crying. ʿAlī (may Allah be pleased with him) asked, "What is making them cry?" Fāṭima replied, "Hunger." ʿAlī (may Allah be pleased with him) immediately went out and found a dinar in the market. He informed his wife Fāṭima (may Allah be pleased with her) about it. Fāṭima told him, "Go to such-and-such Jew and buy us some flour." He went to the Jew and bought the flour. The Jew asked him, "Are you the son-in-law of the one who claims to be a Prophet?" ʿAlī replied, "Yes." The Jew said, "Take your dinar and the flour is yours as well." ʿAlī (may Allah be pleased with him) left, brought the flour to Fāṭima, and informed her that the dinar had been returned. Fāṭima told her husband, "Go to such-and-such butcher and buy a dirham's worth of meat." He went to the butcher, left the dinar as collateral for a dirham's worth of meat, and brought the meat to Fāṭima. Fāṭima kneaded the dough, made bread, and sent word to her father (peace and blessings be upon him). The Prophet (peace and blessings be upon him) came to his daughter. Fāṭima (may Allah be pleased with her) said, "O Messenger of Allah, shall I tell you what happened? If you deem it lawful for us, we and you will eat it." She explained the situation. The Messenger of God (peace and blessings be upon him) said, "Say 'Bismillah' and eat." They ate, and while they were still there, a boy was searching for his dinar for the sake of Allah and Islam. The Messenger of God (peace and blessings be upon him) ordered that the boy be called, and he was brought. The Messenger of God (peace and blessings be upon him) asked where he had lost his dinar; he replied, "In the market." The Messenger of God (peace and blessings be upon him) said to ʿAlī (may Allah be pleased with him), "O ʿAlī, go to the butcher and tell him that the Messenger of God (peace and blessings be upon him) wants you to send the dinar. He will pay the two dirhams." The butcher sent the dinar, and the Messenger of God (peace and blessings be upon him) returned the dinar to the boy.

EXPLANATION

Ḥatani: Means son-in-law.

1717 – It is narrated from Jābir ibn ʿAbdullāh (may Allah be pleased with him):

The Messenger of God (peace and blessings be upon him) permitted us to benefit from things like a staff, a whip, a rope, and similar items that are found and taken.

1718 – From Abū Hurayrah (may Allah be pleased with him):

The Messenger of God (peace and blessings be upon him) said, "Whoever keeps a lost camel must pay, as a penalty, another camel along with the one he kept."

EXPLANATION

Because the camel is a large animal, a wolf cannot eat it, and it can feed itself. Therefore, it is not correct to take the camel as with other lost animals; whoever finds and keeps it is required to pay, as a penalty, another camel. This is also the view of Aḥmad ibn Ḥanbal. (Maʿālim al-Sunan, vol. 2, p. 273)

1719 – From ʿAbd al-Raḥmān ibn ʿUthmān al-Taymī (may Allah be pleased with him):

The Messenger of God (peace and blessings be upon him) forbade taking the lost property of a pilgrim. Among the narrators, Aḥmad ibn Ṣāliḥ ibn Wahb reported: That is, whoever finds the property of a pilgrim should not touch it but leave it where it is, so that its owner may come and find it there. [513]

1720 – From Mundhir ibn Jarīr (may Allah be pleased with him):

I was with Jarīr in the town of Bawāzij. The shepherd (who tended my father's cattle) brought the herd of cattle to us. Among them was a cow that did not belong to the herd. Jarīr asked, "What is this?" The shepherd replied, "It has joined the herd; I do not know whose it is." Jarīr said:

"Remove the cow from the herd. I heard the Messenger of God (peace and blessings be upon him) say: 'Only the misguided mix lost property with their own property.'" [514]

EXPLANATION

Buffalo and cattle, like camels, can take care of themselves and protect themselves from predators. Birds such as ducks and geese, if they are in the wild, are like camels. If they have lost their way in the city, there is a danger of them being lost, so they should be seized and their owner sought, and it should be announced.

[509] Bukhārī, Book of Luqata, Chapter: If he informs his Lord, no. 1196; Muslim, Book of Luqata, no. 1723; Tirmidhī, Book of Judgments, ch. 35, no. 1374; Nasāʾī, Book of Zakāt, p. 28

[510] Bukhārī, Book of Luqata, Chapter: If the owner of the Luqata comes; Muslim, Book of Luqata, no. 7; Tirmidhī, Book of Judgments, ch. 35, no. 1373; Nasāʾī; Ibn Mājah,

[511] Tirmidhī, Book of Sales, ch. 54, no. 1289; Nasāʾī, Ibn Mājah

[512] Tirmidhī and Nasāʾī, Ibn Mājah,

[513] Muslim, Nasāʾī,

[514] Muslim, Book of Luqata, Chapter: The Luqata of the Pilgrim, no. 1725; Ibn Mājah, Book of Luqata, ch. The Lost Camel, no. 2503

[509]. Bukhārī, Book of Luqata, Chapter: If he informs his Lord, no. 1196; Muslim, Book of Luqata, no. 1723; Tirmidhī, Book of Judgments, ch. 35, no. 1374; Nasāʾī, Book of Zakāt, p. 28

[510]. Bukhārī, Book of Luqata, Chapter: If the owner of the Luqata comes; Muslim, Book of Luqata, no. 7; Tirmidhī, Book of Judgments, ch. 35, no. 1373; Nasāʾī; Ibn Mājah,

[511]. Tirmidhī, Book of Sales, ch. 54, no. 1289; Nasāʾī, Ibn Mājah

[512]. Tirmidhī and Nasāʾī, Ibn Mājah,

[513]. Muslim, Nasāʾī,

[514]. Muslim, Book of Luqata, Chapter: The Luqata of the Pilgrim, no. 1725; Ibn Mājah, Book of Luqata, ch. The Lost Camel, no. 2503

The narrator says: I do not know whether Suwayd ibn Ghafala said to announce it for one year three times or only once. [509]

"Keep that lost animal until its (owner) comes searching for it." [512]

Among the narrators, Aḥmad ibn Ṣāliḥ ibn Wahb reported: That is, whoever finds the property of a pilgrim should not touch it but leave it where it is, so that its owner may come and find it there. [513]

"Remove the cow from the herd. I heard the Messenger of God (peace and blessings be upon him) say: 'Only the misguided mix lost property with their own property.'" [514]