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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on lost property in Makkah?

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The questioner : May Allah reward you. A woman says: I went out for Hajj six years ago, and in Muzdalifah, while stoning the pillars, I found a watch, so I took it. I had an orphan child whom I was raising, so I intended that when he grew up, I would give it to him. And the watch?

The Shaykh : You found it, meaning? Yes.

The questioner : So is it permissible for me to do that?

The Shaykh : It is not permissible for a person who finds lost property in the entire Haram, meaning within the boundaries of the Haram, even if it is outside Makkah, to pick up lost property unless he intends to announce it constantly, due to the saying of the Prophet (peace and blessings be upon him)
it is not lawful for anyone to pick up a thing dropped but one who makes public announcement of itلا تحل ساقطتها إلا لمنشد
Sahih Muslim 1355a
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For example, if you found ten gold dinars in Makkah or outside Makkah but within the boundaries of the Haram, it is not permissible for you to take them unless you are committed to announcing them for eternity. As long as you are alive, you announce them every year. If you die, you instruct your family to announce them. If your family dies, they instruct whoever to announce them. Yes, for eternity. If you do not commit to that, do not take them. Do you understand, everyone? All of this is out of respect for the wealth in Makkah and its Haram?
And it is known that if people were mindful of Allah and left it, the first person, then the second, then the third, then the fourth, and everyone who passed by left it, who would find it? Its owner. And it would remain safe in its place until its owner finds it. For this reason, when the Prophet (peace and blessings be upon him and his family) was asked about a lost camel, do you know a lost camel? Brother, the camel that did not sit for the lesson. So it is lost. Like this. What? The camel has no shepherd, but its owner is known. The mistake, sit down and pay attention, do not look at anyone other than the teacher. Okay, the lost camel, the one lost from the camels. When asked about the lost camel, the Prophet (peace and blessings be upon him) became angry
You have nothing to do with that. Leave that alone, for it has feet and also a leather bag, it drinks water, and eats (the leaves) of the trees.وقال ما لك ولها، دعها، فإن معها سقاءها وحذاءها، ترد الماء وتأكل الشجر حتى يجدها ربها،
Sahih Muslim 1722e
. Likewise, the lost item in the Haram, what do you have to do with it? Leave it, until its owner finds it, unless you are taking it for the purpose of announcing it. If someone says, "I took it for the purpose of announcing it for eternity," in our current time, is that possible or not possible? Not possible. But he says, "If I leave it, someone who does not care about it will take it. Someone who does not care about it will take it, take it, and not announce it." So, is it permissible for me to take it and search for it to the best of my ability, or is there a responsible authority for lost items to whom I should hand it over? Or should I leave it for the passersby to take? The second option, meaning I leave it for the worshippers to take? The first option. Yes, I take it. If I am able to announce it until its owner finds it, that is what is required. Otherwise, I give it to the one who receives lost items. As for this woman who found the watch in Muzdalifah, she says she swore in Muzdalifah, but what did she swear? Hmm? Yes, meaning she intended to take it for this orphan she is raising. We say she has sinned by doing so, and she must fear Allah the Exalted, and she must estimate the value of this watch, and give it in charity in Makkah.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، لقاء[31 من 61] ما حكم لقطة مكة؟!! الشيخ ابن عثيمين - مشروع كبار العلماء — youtube.com

The Arabic text is a machine transcription of the audio recording.

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