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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Lost Sheep

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This is a message from Sa'id Saleh al-Zahrani from Abha. He says: One of my companions lost his sheep, and we intended to travel to a distant town. He said, "If you find my sheep, bring them with you." We found a man from the Thahmah region who had three lost sheep, and they bore my companion's brand. I asked for them, and he said, "I have incurred expenses for their care and barley." So I gave him one hundred riyals. When I brought them to my companion, he said, "They are not my sheep." Now, I cannot find the man from Thahmah or his owner. What should I do with them? May Allah guide you.
Answer: What is obligatory in such a case is that he announce them... he must identify them for a full year; because they are in the ruling of lost property; because their owner informed that they were lost. So he identifies them and announces them in the gathering places of people: "Who has lost sheep? Who has lost sheep?" He describes their characteristics and keeps them safe. If he fears the expense of maintaining them, he sells them, keeps the description and the price, and announces them for a full year. If he finds their owner, that is fine; otherwise, they are his, and the price is his. If he gives them in charity when he does not find their owner, there is no harm in that.
The point is that their ruling is the ruling of lost property: he must identify them, based on the saying of the Prophet (peace and blessings be upon him):
He who found a stray article is himself led astray if he does not advertise it.من آوى ضالة فهو ضال ما لم يعرفها
Sahih Muslim 1725
, and these are lost property, and the Prophet (peace be upon him) said:
He who found a stray article is himself led astray if he does not advertise it.من آوى ضالة فهو ضال ما لم يعرفها
Sahih Muslim 1725
, narrated by Muslim. So he must identify them, and identification means announcing them in the gathering places of people twice a month... three times... four times, saying: "Who has lost sheep?" If someone comes who knows their characteristics and hidden marks, he hands them over to him. Or if someone comes and establishes proof regarding them, he hands them over to him. If a year passes and they are not identified, they are his, and their path is the path of his own wealth, as came in the hadith. If he gives them in charity and does not intend to please himself by accepting them, there is no harm. Yes.
The presenter: Okay, if he gives them in charity and after two years their owner comes?
The Shaykh: The owner is given the choice. If he wishes, the charity is for him, and if he wishes, he is given the value that equals them. If he accepts the charity, praise be to Allah.
The presenter: And the charity is for the first person if he takes...
The Shaykh: The reward, yes; because the Prophet (peace be upon him) said in some hadiths:
and if someone comes one day to make demand of that, then pay that to himمتى جاء صاحبها يوماً من الدهر فأدها إليه
Sahih Muslim 1722e
.
The presenter: Okay, for example, if they stayed with him and he did not sell them, and they gave birth to other sheep?
The Shaykh: They are all his, after the period, after the year.
The presenter: Yes.
The Shaykh: If they give birth after the year, they are his, and the owner is entitled only to the originals; because they became his property after his identification of them. Yes.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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