A man found a gold ring on the road, and it is difficult in this age to identify lost property, as the responsible authorities do not fulfill what is required of them
Machine translationRead the Arabic original
The questioner : A man found a gold ring in a public street, and you know that it is difficult to identify lost property, and unfortunately, the responsible authorities do not fulfill what is required of them. Should the ring be sold and its price given in charity, or placed with the other charities, or what? And if it remains with him for a year, is he obligated to pay zakah on its price if it reaches the nisab?
The Shaykh : First, lost property has no connection to the responsible authorities. Linking lost property to the responsible authorities is a system that is permissible if it achieves the goal of attempting to return the lost property to its owner within the limits of what has come in the Shari'ah. If, as mentioned in the question, the responsible authorities do not perform this duty, then we advise returning to the original principle, which is that the finder is the one who should be responsible for this lost property. If the found item has value and a significant amount according to custom, and it is easy for him to announce it, especially in this time when media outlets have multiplied and become accessible for anything one wants to announce, then if this is easy for this finder, he must announce it. One of the easiest ways is to announce in a newspaper that there is lost property, and whoever is its owner should request it, stating that it is being kept in such and such a place. He should then present it to him... This may certainly cost him the price of the advertisement, but he has the right to recover the cost from the owner of the lost property. He should announce it from time to time until a year has passed. If the year passes and the owner does not appear, he has the strongest right to it and is its owner. Otherwise, if the owner appears, he has fulfilled the trust to its owner, but he demands the cost he incurred due to announcing it. So, he should not return to what is said by official authorities regarding the matter.
The questioner : But regarding the duration of the year, after a year has passed, is there zakah on it?
The Shaykh : After a year has passed from the previous year, no.
The questioner : Starting from the beginning, for example, and he found it during this year.
The Shaykh : I say regarding the previous year; no, he does not owe zakah on it because he was not its owner.
The Shaykh : First, lost property has no connection to the responsible authorities. Linking lost property to the responsible authorities is a system that is permissible if it achieves the goal of attempting to return the lost property to its owner within the limits of what has come in the Shari'ah. If, as mentioned in the question, the responsible authorities do not perform this duty, then we advise returning to the original principle, which is that the finder is the one who should be responsible for this lost property. If the found item has value and a significant amount according to custom, and it is easy for him to announce it, especially in this time when media outlets have multiplied and become accessible for anything one wants to announce, then if this is easy for this finder, he must announce it. One of the easiest ways is to announce in a newspaper that there is lost property, and whoever is its owner should request it, stating that it is being kept in such and such a place. He should then present it to him... This may certainly cost him the price of the advertisement, but he has the right to recover the cost from the owner of the lost property. He should announce it from time to time until a year has passed. If the year passes and the owner does not appear, he has the strongest right to it and is its owner. Otherwise, if the owner appears, he has fulfilled the trust to its owner, but he demands the cost he incurred due to announcing it. So, he should not return to what is said by official authorities regarding the matter.
The questioner : But regarding the duration of the year, after a year has passed, is there zakah on it?
The Shaykh : After a year has passed from the previous year, no.
The questioner : Starting from the beginning, for example, and he found it during this year.
The Shaykh : I say regarding the previous year; no, he does not owe zakah on it because he was not its owner.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
