Her other question: She says, “I saw a person picking up clothing, cups, and blankets, along with everything the pilgrims leave behind after them. Is this permissible or not?”
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The questioner : Her other question: She says, “I saw people, or a person, picking up clothing, cups, and blankets, along with everything the pilgrims leave behind after them. Is this permissible or not?”
The Shaykh : After them?
The questioner : I mean, after…
The Shaykh : After the pilgrim?
The questioner : Yes, after the pilgrim, in Mina and ‘Arafah, and…?
The Shaykh : This refers to the one who picks up what remains from the pilgrims. If the pilgrims left it because they had no desire for it, then it belongs to whoever takes it, because its owner abandoned it, so it is not the property of anyone. However, if the item was left by the pilgrim out of forgetfulness, then it is not permissible to take it except in two ways.
The first is that the taking be done by the state to preserve it for its owner, or to dispose of it as it sees fit according to what the Shari'ah requires. Or, another person may take it to announce it continuously, because the lost property of the Haram is not permissible to take except by one who announces it, for the Prophet (peace and blessings be upon him) said regarding Makkah:Sahih Muslim 1355a meaning, except for one who announces it for a long time. The lost property of the Haram is not like other lost property, which becomes the property of the finder after a year, because the lost property of the Haram has a sanctity that other lost property does not have. It is well known that if the finder is in the Haram, it is not permissible for him to pick it up unless he announces it continuously. If no one can pick it up and occupy himself and his conscience with it, and if he leaves it, then another comes and leaves it, and the third and fourth leave it, it remains in its place, and its owner returns to find it. This is the wisdom behind this ruling that the Messenger of Allah (peace and blessings be upon him) explained: Sahih Muslim 1355a so that wealth remains respected in its place, and its owners come to it and find it.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : After them?
The questioner : I mean, after…
The Shaykh : After the pilgrim?
The questioner : Yes, after the pilgrim, in Mina and ‘Arafah, and…?
The Shaykh : This refers to the one who picks up what remains from the pilgrims. If the pilgrims left it because they had no desire for it, then it belongs to whoever takes it, because its owner abandoned it, so it is not the property of anyone. However, if the item was left by the pilgrim out of forgetfulness, then it is not permissible to take it except in two ways.
The first is that the taking be done by the state to preserve it for its owner, or to dispose of it as it sees fit according to what the Shari'ah requires. Or, another person may take it to announce it continuously, because the lost property of the Haram is not permissible to take except by one who announces it, for the Prophet (peace and blessings be upon him) said regarding Makkah:
it is not lawful for anyone to pick up a thing dropped but one who makes public announcement of it
لا تحل ساقطتها إلا لمنشدit is not lawful for anyone to pick up a thing dropped but one who makes public announcement of it
لا تحل ساقطتها إلا لمنشدThe questioner : Yes.
The Shaykh : Yes.