Is the lost property permissible for the one who found it?
Machine translationRead the Arabic original
Question:
The listener: Hatim Faris al-Hatim, from the town of al-Hawmiyyah, sent a question, saying: Is the lost property permissible for the one who found it, or is it not permissible?
May Allah reward you with good.
Answer:
If the lost property is in the Haram, in Makkah or al-Madinah, it is not permissible [to keep it]. He must announce it continuously until he finds its owner, whether it is dirhams or other goods, such as a cloak or other items.
As for outside the Haram, he announces it for one year. If it is claimed, that is fine; otherwise, it is his. But in the Haram, no; in Makkah and al-Madinah, he announces it forever. If it is difficult for him, he hands it over to the committee in Makkah and al-Madinah, saying: "This is lost property I found in such-and-such a place." They announce it and take charge of it. Otherwise, he should announce it himself, or through his agent, until it is claimed. Even if it remains for two or three years or more, he announces it until its owner is found, or he hands it over to the committee.
As for outside Makkah and al-Madinah, he announces it for one year, as the Prophet (peace and blessings be upon him) commanded. He said regarding Makkah:Sahih Muslim 1355a meaning: he calls out for it, announcing it: "Who has the dirhams? Who has the bag? Who has such-and-such? Who has such-and-such?" in the gathering places of the people.
As for outside Makkah and al-Madinah, he announces it in the gathering places of the people: "Who has such-and-such? Who has such-and-such? Who has the lost property? Who has the sheep? Who has the goat? Who has the cloak? Who has such-and-such?" He announces it, clarifies it, and keeps the hidden marks to himself; he does not disclose them. When someone comes who knows it, he says: "What are its characteristics? Tell me its characteristics." If he knows the characteristics, he gives it to him. If he is doubtful about the matter, he demands proof from him until he presents evidence that this is his lost property and that it is his property. If he knows the detailed, hidden characteristics, he gives it to him; because the Messenger (peace and blessings be upon him) commanded this. He commanded the one who finds lost property to announce it for one year, and to describe its container if it has a container, and its wrapping, meaning: its rag if the money is in a rag, or in a bag, or in a container. He describes the container and describes the denominations of the dirhams: what are they? He records them and announces them. When someone comes who knows it, he gives it to him for a full year. He announces the number: one thousand, two thousand, three thousand; he announces the number. If the year passes and no one comes to him, it is his.
It becomes like a deposit with him. When its owner is known, even after two or three years, he gives it to him as if it were a debt upon him. If it is not claimed, it is his property after the year. The Prophet (peace and blessings be upon him) said: So its path is the path of your wealth. He said: meaning: like a deposit; he preserves it and disposes of it, but when its owner comes and claims it, even after two or three years, he gives it to him as if it were a debt. But he announces it frequently, two or three times a month or more: "Who has the lost item? Who has the dirhams?" He does not disclose the number; he says: "Who has the dirhams? Who has the goat? Who has the cloak? Who has such-and-such? Who has such-and-such?" He clarifies the item so that its owner becomes aware of it. Yes.
The presenter: May Allah reward you with good.
The listener: Hatim Faris al-Hatim, from the town of al-Hawmiyyah, sent a question, saying: Is the lost property permissible for the one who found it, or is it not permissible?
May Allah reward you with good.
Answer:
If the lost property is in the Haram, in Makkah or al-Madinah, it is not permissible [to keep it]. He must announce it continuously until he finds its owner, whether it is dirhams or other goods, such as a cloak or other items.
As for outside the Haram, he announces it for one year. If it is claimed, that is fine; otherwise, it is his. But in the Haram, no; in Makkah and al-Madinah, he announces it forever. If it is difficult for him, he hands it over to the committee in Makkah and al-Madinah, saying: "This is lost property I found in such-and-such a place." They announce it and take charge of it. Otherwise, he should announce it himself, or through his agent, until it is claimed. Even if it remains for two or three years or more, he announces it until its owner is found, or he hands it over to the committee.
As for outside Makkah and al-Madinah, he announces it for one year, as the Prophet (peace and blessings be upon him) commanded. He 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 لمعرفAs for outside Makkah and al-Madinah, he announces it in the gathering places of the people: "Who has such-and-such? Who has such-and-such? Who has the lost property? Who has the sheep? Who has the goat? Who has the cloak? Who has such-and-such?" He announces it, clarifies it, and keeps the hidden marks to himself; he does not disclose them. When someone comes who knows it, he says: "What are its characteristics? Tell me its characteristics." If he knows the characteristics, he gives it to him. If he is doubtful about the matter, he demands proof from him until he presents evidence that this is his lost property and that it is his property. If he knows the detailed, hidden characteristics, he gives it to him; because the Messenger (peace and blessings be upon him) commanded this. He commanded the one who finds lost property to announce it for one year, and to describe its container if it has a container, and its wrapping, meaning: its rag if the money is in a rag, or in a bag, or in a container. He describes the container and describes the denominations of the dirhams: what are they? He records them and announces them. When someone comes who knows it, he gives it to him for a full year. He announces the number: one thousand, two thousand, three thousand; he announces the number. If the year passes and no one comes to him, it is his.
It becomes like a deposit with him. When its owner is known, even after two or three years, he gives it to him as if it were a debt upon him. If it is not claimed, it is his property after the year. The Prophet (peace and blessings be upon him) said:
If it is not claimed, then spend it
فإن لم تعرف فأنفقهاAnd let it be a deposit with you
ولتكن وديعة عندكThe presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
