What is the Islamic ruling on lost property that a person picks up in a place devoid of inhabitants, whether it is valuable or modest?
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Question: What is the Islamic ruling on lost property that a person picks up in a place devoid of inhabitants, whether it is valuable or modest? Are there places where it is forbidden to pick up anything from them, whether much or little? Because while I was driving between Makkah and Jeddah, I found a number of sponge mattresses on the road, so I took them to my house. Do I have any obligation regarding that or not?
Answer: Lost property has rulings in the Islamic Shari'ah, and the jurists (may Allah have mercy on them) have explained them, taking them from the Sunnah of the Messenger of Allah (peace and blessings be upon him) that was transmitted regarding it.
Among the rulings of lost property is that if it is a trivial thing, one that does not attract the attention of the average people, a person may take it and possess it.
As for if it is a thing of value, one that people pay attention to, then a person may take it on the condition that he identifies its distinguishing characteristics and announces it in the gathering places of people for a full lunar year, so that its owner may learn of it, and then come to claim it after its distinguishing marks have been mentioned.
And if the lost property is in the Haram, which is what is within the miles, then it is not permissible for a person to pick it up unless he commits to identifying it until its owner comes. As for if it is outside the Haram, then it is as mentioned before: if he takes it, identifies its distinguishing characteristics, and announces it in the gathering places of people for a period of one year, and no one comes for it, then he possesses it.
As for the lost property of the Haram, he does not take it except on the condition that he identifies it permanently and does not possess it. This is the difference between the lost property of the Haram and the lost property of other places, due to the saying of the Messenger of Allah (peace and blessings be upon him) in Makkah:Sunan ad-Daraqutni 14:51 .
As for what you mentioned about finding sponge mattresses on the road between Makkah and Jeddah, the ruling in them is as we mentioned: if they are outside the boundaries of the Haram, and outside the markers, then you announce them for a period of one year, and after that you possess them.
And as for if they are inside the Haram, it is not permissible for you to possess them; rather, you announce them until their owner comes. Otherwise, leave them in their place, because they are a responsibility, and you are safe from them. If you know from yourself that you are trustworthy and will fulfill its legal right, take it. But if you do not trust yourself, or do not commit to its rulings, leave it, and you are safe from it. And Allah the Exalted knows best.
Question: Regarding the lost property of the Haram, is there no difference between the valuable and the non-valuable in the impermissibility of picking it up?
Answer: No, the trivial thing is taken, whether it is in the Haram or elsewhere. The discussion is about the thing that has value and consideration.
Question: And naturally, regarding the amount of this triviality, for example, does every time differ from another?
Answer: It may be that in one time a thing has value, while in another time, that thing has no value, due to the abundance of wealth in people's hands. While there may be a time of poverty and need, where a small thing has value.
Answer: Lost property has rulings in the Islamic Shari'ah, and the jurists (may Allah have mercy on them) have explained them, taking them from the Sunnah of the Messenger of Allah (peace and blessings be upon him) that was transmitted regarding it.
Among the rulings of lost property is that if it is a trivial thing, one that does not attract the attention of the average people, a person may take it and possess it.
As for if it is a thing of value, one that people pay attention to, then a person may take it on the condition that he identifies its distinguishing characteristics and announces it in the gathering places of people for a full lunar year, so that its owner may learn of it, and then come to claim it after its distinguishing marks have been mentioned.
And if the lost property is in the Haram, which is what is within the miles, then it is not permissible for a person to pick it up unless he commits to identifying it until its owner comes. As for if it is outside the Haram, then it is as mentioned before: if he takes it, identifies its distinguishing characteristics, and announces it in the gathering places of people for a period of one year, and no one comes for it, then he possesses it.
As for the lost property of the Haram, he does not take it except on the condition that he identifies it permanently and does not possess it. This is the difference between the lost property of the Haram and the lost property of other places, due to the saying of the Messenger of Allah (peace and blessings be upon him) in Makkah:
And its fallen item is not lawful except for the one who announces it
ولا تحل سقطتها إلا لمنشدAs for what you mentioned about finding sponge mattresses on the road between Makkah and Jeddah, the ruling in them is as we mentioned: if they are outside the boundaries of the Haram, and outside the markers, then you announce them for a period of one year, and after that you possess them.
And as for if they are inside the Haram, it is not permissible for you to possess them; rather, you announce them until their owner comes. Otherwise, leave them in their place, because they are a responsibility, and you are safe from them. If you know from yourself that you are trustworthy and will fulfill its legal right, take it. But if you do not trust yourself, or do not commit to its rulings, leave it, and you are safe from it. And Allah the Exalted knows best.
Question: Regarding the lost property of the Haram, is there no difference between the valuable and the non-valuable in the impermissibility of picking it up?
Answer: No, the trivial thing is taken, whether it is in the Haram or elsewhere. The discussion is about the thing that has value and consideration.
Question: And naturally, regarding the amount of this triviality, for example, does every time differ from another?
Answer: It may be that in one time a thing has value, while in another time, that thing has no value, due to the abundance of wealth in people's hands. While there may be a time of poverty and need, where a small thing has value.