The Definition of Lost Property and the Ruling on Taking It
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Question:
The questioner asks, Shaykh, about the definition of lost property and the ruling on taking it.
Answer:
Lost property is lost wealth. If this wealth is other than camels, it is not permissible to pick up camels, because when the Prophet (peace and blessings be upon him) was asked aboutSahih al-Bukhari 2427, its owner will find it, so do not touch it. No one should touch a lost camel except a lost person, as in the hadith, . The Prophet (peace and blessings be upon him) said, Sahih al-Bukhari 2438. As for wealth such as gold, silver, goods, clothing, and the like, if it is of the kind that the attention of average people follows, then this is lost property. This is lost property. Its ruling is that one identifies its distinguishing marks, then calls out for it in public gatherings and places until the location where it was found for a period of one year. One identifies it based on the saying of the Prophet (peace and blessings be upon him): "Identify its container and its tie." The container is the vessel in which it is kept, and the tie is the string with which the mouth of the vessel is tied. These are its marks. One identifies these marks, keeps it, and calls out for the one whose property was lost, without naming him. Then, if its owner comes with the known marks, he hands it to him.
If a lunar year passes and no one comes for it, then it belongs to the finder. It belongs to the finder. However, it is a guarded ownership. Whenever its owner comes, he hands it to him. But if he does not come, it is his. Except for lost property in the Sacred Precinct. It does not become owned by picking it up. Based on the saying of the Prophet (peace and blessings be upon him) . As for something that has no value, such as a date, a short rope, a short whip, or things that have no value or are not of the kind that the attention of average people follows, then one takes it from the moment he finds it, and there is no obligation regarding it. Because the Prophet (peace and blessings be upon him) found a fallen date on his path, so he took it and said, "Were it not that I fear it might be from charity, I would have eaten it." Yes.
The questioner asks, Shaykh, about the definition of lost property and the ruling on taking it.
Answer:
Lost property is lost wealth. If this wealth is other than camels, it is not permissible to pick up camels, because when the Prophet (peace and blessings be upon him) was asked about
What about a lost camel?" On that the face of the Prophet (ﷺ) became red (with anger) and said, "You have nothing to do with it, as it has its feet, its water reserve and can reach places of water and drink, and eat trees.
ضالة الإبل، قال ما لك ولها؟ معها حذاؤها وسقاؤها، ترد الماء وتأكل الشجر حتىAnd as for a lost sheep, if it is in
وأما ضائعة الغنم إذا كانت فيin
قدIt is for you, for your brother, or for the wolf.
هي لك أو لأخيك أو للذئب.If a lunar year passes and no one comes for it, then it belongs to the finder. It belongs to the finder. However, it is a guarded ownership. Whenever its owner comes, he hands it to him. But if he does not come, it is his. Except for lost property in the Sacred Precinct. It does not become owned by picking it up. Based on the saying of the Prophet (peace and blessings be upon him)
in the rulings of the Sacred Precinct. And its lost property is not permissible except
في أحكام الحرم. ولا تحل لقطته إلاfor the one who calls out,
لمنشد،
Source
نور على الدرب - الفوزان - 02/277 — archive.org (9:52)
The Arabic text is a machine transcription of the audio recording.
