The Obligation to Advertise Lost Sheep for a Full Year
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Question:
One of the listening brothers sent a message containing a question that says: Ten sheep joined my flock, and I searched for their owner but did not find him. These sheep gave birth to many lambs, so I slaughtered some of them. Is that permissible for me or not?
Answer:
It is obligatory for you to advertise them for a full year; because of the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1725 narrated by Muslim in the Sahih. This is a severe warning. The advertising is for a year: "Whoever has these lambs," in the gathering places of people, in the locations where people gather, at the water sources if you are in the desert, or in the towns around you, such as the markets that gather people after Friday prayer, or at other times in the month, two, three, or four times a month, so that you allow someone to call out about them.
So if the year passes and no one is found, then they are yours and their offspring are yours. Their offspring after the year are yours. As for their offspring during the year of advertising, they belong to their owner. If he identifies them, he takes them and their offspring from that year. As for their offspring after you have taken possession of them, they are yours. And whenever their owner identifies them, you give him the original animals and the offspring that occurred during the year. As for the offspring that occurred after the year, they are yours, those that were carried after the year.
And the summary is: that it is obligatory for you to advertise them for a full year in the gathering places of people. And if you are in the wilderness, in the gathering places of people at the water sources, "Whoever has these lambs," "Whoever has these sheep," so that their owner hears the news, perhaps you will find him. So if a year passes and no one is found, then they are yours, they and their offspring. And whenever their owner is found, he takes them and takes their first offspring, their offspring from that year. As for the offspring that were carried after the year, after you have taken possession of them, they are yours.
And it is obligatory for you in this matter to repent and seek forgiveness if you were negligent. And you must advertise them for a full year, perhaps their owner will find them. If you do not do so, then you are sinful, and they are not lawful for you. Rather, you must hand them over to the one in authority, the one in authority over the Muslims, the court around you, so that they sell them and preserve their price for their owner, perhaps he will be found later, or it is spent in the expenditures of the Bayt al-Mal, the charitable expenditures of the Bayt al-Mal; because you erred in not advertising them. Yes.
The presenter: May Allah reward you with good. How do you explain the hadith of the Messenger of Allah (peace and blessings be upon him):Sahih al-Bukhari 2438 O Shaykh?
The Shaykh: When he was asked about the sheep, he said:Sahih al-Bukhari 2438 meaning: Take it. He said: Take it. He takes it, but he advertises it. He does not leave it for the wolf to eat. But he takes it and advertises it; because of his saying (peace and blessings be upon him): Sahih Muslim 1725 The lost animal: the animal that strays from its owner. Sheep are taken. As for camels, they are not taken. Camels defend themselves, and cows, but sheep do not defend themselves; the wolf eats them. So it is obligatory to take them and advertise them, not to leave them for the wolf.
The presenter: So he takes them for the purpose of advertising?
The Shaykh: For the purpose of advertising. If he does not advertise them, he owns them after that. Yes.
The presenter: May Allah bless you, may Allah reward you with good.
One of the listening brothers sent a message containing a question that says: Ten sheep joined my flock, and I searched for their owner but did not find him. These sheep gave birth to many lambs, so I slaughtered some of them. Is that permissible for me or not?
Answer:
It is obligatory for you to advertise them for a full year; because of 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 يعرفهاSo if the year passes and no one is found, then they are yours and their offspring are yours. Their offspring after the year are yours. As for their offspring during the year of advertising, they belong to their owner. If he identifies them, he takes them and their offspring from that year. As for their offspring after you have taken possession of them, they are yours. And whenever their owner identifies them, you give him the original animals and the offspring that occurred during the year. As for the offspring that occurred after the year, they are yours, those that were carried after the year.
And the summary is: that it is obligatory for you to advertise them for a full year in the gathering places of people. And if you are in the wilderness, in the gathering places of people at the water sources, "Whoever has these lambs," "Whoever has these sheep," so that their owner hears the news, perhaps you will find him. So if a year passes and no one is found, then they are yours, they and their offspring. And whenever their owner is found, he takes them and takes their first offspring, their offspring from that year. As for the offspring that were carried after the year, after you have taken possession of them, they are yours.
And it is obligatory for you in this matter to repent and seek forgiveness if you were negligent. And you must advertise them for a full year, perhaps their owner will find them. If you do not do so, then you are sinful, and they are not lawful for you. Rather, you must hand them over to the one in authority, the one in authority over the Muslims, the court around you, so that they sell them and preserve their price for their owner, perhaps he will be found later, or it is spent in the expenditures of the Bayt al-Mal, the charitable expenditures of the Bayt al-Mal; because you erred in not advertising them. Yes.
The presenter: May Allah reward you with good. How do you explain the hadith of the Messenger of Allah (peace and blessings be upon him):
It is for you, for your brother, or for the wolf.
هي لك أو لأخيك أو للذئبThe Shaykh: When he was asked about the sheep, he said:
It is for you, for your brother, or for the wolf.
هي لك أو لأخيك أو للذئبHe who found a stray article is himself led astray
من آوى ضالة فهو ضالThe presenter: So he takes them for the purpose of advertising?
The Shaykh: For the purpose of advertising. If he does not advertise them, he owns them after that. Yes.
The presenter: May Allah bless you, may Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
