Continuation of the explanation of the statement of Imam al-Nawawi (may Allah have mercy on him) regarding what he quoted: "."
Machine translationRead the Arabic original
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
We have previously discussed this hadith, the hadith of al-Bara' ibn 'Azib (may Allah be pleased with him), and what remains is the discussion of his statement:: This means that among what they were commanded to do is announcing the lost property. This means that if a person finds lost property, it is obligatory for him to announce it, meaning to seek out its owner. Lost property refers to what is lost from livestock. The scholars (may Allah have mercy on them) divided lost property into two categories:
One category is that which is safe from wolves and the like of small predators. It is not permissible to pick this up, nor to shelter it. Whoever shelters lost property is himself lost. This includes camels, or that which is safe by its flight, such as birds like falcons and pigeons and the like, or that which is safe by its running, such as gazelles and the like.
That which is safe from small predators like wolves and the like is of three types: that which is safe from predators due to its large size and strength, such as camels; that which is safe from predators due to its flight, such as falcons and pigeons; and that which is safe from predators due to its running and speed, such as gazelles.
It is not permissible for a person to pick these up, nor is it permissible for him to shelter them. Rather, he should drive them away from his camels, and drive them away from his pigeons. If another pigeon comes to his pigeon coop,, with its water: meaning its belly fills with water, and its shoe: meaning its foot covering it walks on, it drinks water and eats trees until its owner finds it.
It is not permissible for you to shelter this lost property, nor to pick it up, even if you intend good. Except if you are in a land with highway robbers whom you fear might seize it and lose it for its owner, then there is no harm in taking it. Or if you know its owner, you take it to return it to him, and there is no harm in that.
The second category is that which is not safe from small predators, meaning that which is unable to free itself, such as sheep, goats, or the like. You take it. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2438. However, it is obligatory for you to search for its owner. His statement: means: if you do not find its owner. means: its owner, if you know him. : if no one finds it, the wolf eats it.
This is taken and its owner is sought. If the year is completed and its owner is not found, it belongs to the one who found it.
Announcing the lost property has two meanings:
The first meaning is what we mentioned, and this is obligatory for a person.
The second meaning is that it is forbidden in the mosques. This is when a person seeks lost property, such as saying: Who has seen such and such? O people, I have lost such and such, so who has found it? This is not permissible in the mosque. The Prophet (peace and blessings be upon him) said:. For example, a person stands in the mosque and says: O people, who has seen my sheep? Who has seen my goat? Who has seen such and such? This is forbidden. Mosques were not built for this. We are commanded to invoke Allah against him, so we say: May Allah not return it to you. Just as if we hear a person buying and selling in the mosque, we say: May Allah not profit you in your trade, because mosques were not built for buying and selling.
These commands that the Prophet (peace and blessings be upon him) commanded are all good, and the prohibitions he forbade are all evil. This is because the Prophet's (peace and blessings be upon him) principle of his Shari'ah is that it commands what is beneficial and forbids what is harmful. If harm and benefit are combined in a thing, the stronger and greater of the two is prioritized. If the benefit is greater, it is prioritized. If the harm is greater, it is prioritized. If the two are equal, the harm is prioritized, "because averting harm is more important than seeking benefit". May Allah grant success.
We have previously discussed this hadith, the hadith of al-Bara' ibn 'Azib (may Allah be pleased with him), and what remains is the discussion of his statement:
And announcing the lost property
وإنشاد الضالةOne category is that which is safe from wolves and the like of small predators. It is not permissible to pick this up, nor to shelter it. Whoever shelters lost property is himself lost. This includes camels, or that which is safe by its flight, such as birds like falcons and pigeons and the like, or that which is safe by its running, such as gazelles and the like.
That which is safe from small predators like wolves and the like is of three types: that which is safe from predators due to its large size and strength, such as camels; that which is safe from predators due to its flight, such as falcons and pigeons; and that which is safe from predators due to its running and speed, such as gazelles.
It is not permissible for a person to pick these up, nor is it permissible for him to shelter them. Rather, he should drive them away from his camels, and drive them away from his pigeons. If another pigeon comes to his pigeon coop,
For the Prophet (peace and blessings be upon him) was asked about a lost camel, so he said: What do you have to do with it? Leave it with its water and its shoe. It will drink water and eat trees until its owner finds it.
فإن النبي صلى الله عليه وسلم سُئل عن ضالة الإبل فقال : ما لك ولها ؟ دعها معها سقاؤها وحذاؤها ، ترد الماء وتأكل الشجر حتى يجدها ربهاIt is not permissible for you to shelter this lost property, nor to pick it up, even if you intend good. Except if you are in a land with highway robbers whom you fear might seize it and lose it for its owner, then there is no harm in taking it. Or if you know its owner, you take it to return it to him, and there is no harm in that.
The second category is that which is not safe from small predators, meaning that which is unable to free itself, such as sheep, goats, or the like. You take it. The Prophet (peace and blessings be upon him) said:
It is for you, for your brother, or for the wolf.
هي لك أو لأخيك أو للذئبIt is yours
هي لكOr for your brother
أو لأخيكOr for the wolf
أو للذئبThis is taken and its owner is sought. If the year is completed and its owner is not found, it belongs to the one who found it.
Announcing the lost property has two meanings:
The first meaning is what we mentioned, and this is obligatory for a person.
The second meaning is that it is forbidden in the mosques. This is when a person seeks lost property, such as saying: Who has seen such and such? O people, I have lost such and such, so who has found it? This is not permissible in the mosque. The Prophet (peace and blessings be upon him) said:
If you hear someone announcing a lost item in the mosque, say to him: May Allah not return it to you, for mosques were not built for this.
إذا سمعتم أحداً ينشد ضالة في المسجد فقولوا له: لا ردها الله عليك، فإن المساجد لم تُبن لهذاThese commands that the Prophet (peace and blessings be upon him) commanded are all good, and the prohibitions he forbade are all evil. This is because the Prophet's (peace and blessings be upon him) principle of his Shari'ah is that it commands what is beneficial and forbids what is harmful. If harm and benefit are combined in a thing, the stronger and greater of the two is prioritized. If the benefit is greater, it is prioritized. If the harm is greater, it is prioritized. If the two are equal, the harm is prioritized, "because averting harm is more important than seeking benefit". May Allah grant success.