The ruling on lost property if its owner is not known
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Question:
His final question states: When a person finds a sum of money, or a material item equivalent to a sum of money, on his way or in a property he owns, is it permissible for this person to dispose of what he found? Or does he donate it, in the case where there is no owner for this money? I ask for clarification. May Allah reward you with much good, and abundant knowledge.
Answer:
This is considered lost property (luqatah), if one finds dirhams, or other goods that fell from some visitors, or from some people on the road; this is considered lost property. The Prophet (peace and blessings be upon him) was asked about that, and he said (peace and blessings be upon him):Sahih Muslim 1722e If the thing found is of importance, such as one hundred riyals, one thousand riyals, two thousand riyals, a bag worth a lot of money, a sword, a dagger, a wallet, or otherwise, something of importance, he calls out for it in the gatherings of people: Who has the wallet? Who has the bag? Who has the sword? Who has the dirhams found in such and such a place? Twice a month... three times... four times, he calls out for it, or he leaves it to a trustworthy person to call out for it in the gatherings of people, the places where people gather in markets of buying and selling, or after the Friday prayer: Who has this thing? And he does not describe its characteristics, until its owner comes and describes them. Who has the bag? Who has the sword? Who has the dirhams? And if someone comes and says: It is mine, he asks him about the characteristics. What are the characteristics of the bag? He verifies the marks, he verifies them well, and he verifies the dirhams: are they five large ones, five, ten large ones, five hundred denomination, their numbers, he verifies until he asks him about what indicates his truthfulness. If he knows them; he gives it to him.
If a year passes, and it is not recognized; then it is for him, he spends it, and whenever its owner comes, and recognizes it, he gives it to him, like a debt it becomes with him like a debt, whenever its owner comes; he gives it to him if he recognizes it, thus the Prophet (peace and blessings be upon him) commanded, except if the lost property is in Makkah, no, or in al-Madinah, no, the lost property of Makkah, and al-Madinah is not owned, it must be announced permanently, the Prophet said:Sahih Muslim 1355a meaning: Makkah, and he said regarding al-Madinah (peace and blessings be upon him): Sahih Muslim 1360a.
So it is obligatory for the one who finds lost property in al-Madinah, and Makkah to announce it forever, forever, he does not own it. If he does not announce it; he gives it to the competent authority in Makkah, and al-Madinah which receives the lost property, and if he does not know the committee; he hands it to the Sharia court... the court, and takes a receipt for it, and the court is the one that hands it to the committee, and the committee is reviewed by people, they review it, and ask it about their lost items.
So the point is: that Makkah, and al-Madinah, their lost property is not owned, rather it must be announced permanently, permanently, until its owner is found, yes.
The presenter: May Allah reward you with good.
His final question states: When a person finds a sum of money, or a material item equivalent to a sum of money, on his way or in a property he owns, is it permissible for this person to dispose of what he found? Or does he donate it, in the case where there is no owner for this money? I ask for clarification. May Allah reward you with much good, and abundant knowledge.
Answer:
This is considered lost property (luqatah), if one finds dirhams, or other goods that fell from some visitors, or from some people on the road; this is considered lost property. The Prophet (peace and blessings be upon him) was asked about that, and he said (peace and blessings be upon him):
make an announcement regarding that for one year, but if none recognises it
عرفها سنة، فإن لم تعرف فهي لكIf a year passes, and it is not recognized; then it is for him, he spends it, and whenever its owner comes, and recognizes it, he gives it to him, like a debt it becomes with him like a debt, whenever its owner comes; he gives it to him if he recognizes it, thus the Prophet (peace and blessings be upon him) commanded, except if the lost property is in Makkah, no, or in al-Madinah, no, the lost property of Makkah, and al-Madinah is not owned, it must be announced permanently, the Prophet said:
And it is not lawful for anyone to pick up a thing dropped but one who makes public announcement of it
ولا تحل ساقطتها إلا لمعرفI declare Medina to be sacred as lbrahim had declared Mecca to be sacred
إني حرمت المدينة كما حرم إبراهيم مكةSo it is obligatory for the one who finds lost property in al-Madinah, and Makkah to announce it forever, forever, he does not own it. If he does not announce it; he gives it to the competent authority in Makkah, and al-Madinah which receives the lost property, and if he does not know the committee; he hands it to the Sharia court... the court, and takes a receipt for it, and the court is the one that hands it to the committee, and the committee is reviewed by people, they review it, and ask it about their lost items.
So the point is: that Makkah, and al-Madinah, their lost property is not owned, rather it must be announced permanently, permanently, until its owner is found, yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
