What is the ruling on lost property in the Haram and elsewhere, and what is its ruling and the ruling on taking it?
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The questioner : He asks about the ruling on lost property in the Haram and elsewhere, what is its ruling, and what is the ruling on taking it?
The Shaykh : As for lost property in the Haram, the Prophet (peace and blessings be upon him) said:Sahih Muslim 1355a This means you do not take lost property from the Haram unless you guarantee to yourself that you will continue searching for its owner until you die, and if you die, you bequeath that this is lost property from the Haram, so search for its owner.
And it is known what hardship there is in this. So do not take it; leave it, for perhaps its owner will return and find it. And if we say to everyone in Makkah, "Do not take the lost property," the lost property will remain until its owner comes to it, and it will be of the same kind as camels outside Makkah, which are left and the owner comes and finds them.
But if someone says: "If I leave it, someone who does not care and does not know it will take it, or someone will take it and put it in his pocket, claiming ownership of it." In that case, which is better: that I leave it and someone who does not know it takes it, or that I take it and identify it? Then, if I do not find its owner, I give it in charity on his behalf in Makkah, or I give it to the judge?
The answer is the second option. That is, in this case, we say: take it and search for its owner. If you do not find him, give it in charity on his behalf in Makkah, or otherwise, give it to the judge.
The questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge, and benefit Islam and the Muslims through you. O brothers and sisters, the honorable Shaykh Muhammad ibn Salih al-Uthaymeen, professor at the College of Sharia and Principles of Religion in al-Qassim, and preacher and imam of the Grand Mosque in the city of Unaizah, has answered your questions. May Allah reward him for what he has explained to you and to us. Until we meet again, if Allah wills, and may peace be upon you and the mercy of Allah and His blessings.
The Shaykh : As for lost property in the Haram, the Prophet (peace and blessings be upon him) said:
it is not lawful for anyone to pick up a thing dropped but one who makes public announcement of it
لا تحل ساقطتها إلا لمنشدAnd it is known what hardship there is in this. So do not take it; leave it, for perhaps its owner will return and find it. And if we say to everyone in Makkah, "Do not take the lost property," the lost property will remain until its owner comes to it, and it will be of the same kind as camels outside Makkah, which are left and the owner comes and finds them.
But if someone says: "If I leave it, someone who does not care and does not know it will take it, or someone will take it and put it in his pocket, claiming ownership of it." In that case, which is better: that I leave it and someone who does not know it takes it, or that I take it and identify it? Then, if I do not find its owner, I give it in charity on his behalf in Makkah, or I give it to the judge?
The answer is the second option. That is, in this case, we say: take it and search for its owner. If you do not find him, give it in charity on his behalf in Makkah, or otherwise, give it to the judge.
The questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge, and benefit Islam and the Muslims through you. O brothers and sisters, the honorable Shaykh Muhammad ibn Salih al-Uthaymeen, professor at the College of Sharia and Principles of Religion in al-Qassim, and preacher and imam of the Grand Mosque in the city of Unaizah, has answered your questions. May Allah reward him for what he has explained to you and to us. Until we meet again, if Allah wills, and may peace be upon you and the mercy of Allah and His blessings.