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أدوات الموضوع | انواع عرض الموضوع |
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Rulings on lost property (al-luqtah)
Question My question is: What is the ruling on finding money on the street, is one allowed to keep it? Answer Praise be to Allaah. This question has to do with al-luqtah, which is one of the categories of Islamic jurisprudence or fiqh. Al-luqtah is property that has gone missing from its owner. This pure religion teaches that property is to be protected and preserved, and that the property of the Muslim is sacred and is to be protected. This includes al-luqtah or lost property. If property goes missing from its owner, it has to be one of the following three scenarios: The first scenario: it is something to which most people would not attach much value, such as a whip, or a loaf of bread, or some fruit, or a stick. In these cases, the person who finds the property may keep it and use it without having to announce it, because of the report narrated by Jaabir, who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) made exceptions in the case of a stick or a whip or a rope that a man picks up.” (Reported by Abu Dawood). The second scenario: (animals) that are unlikely to be harmed by small predators, either because of their size, such as camels, horses, cattle and mules, or because they can fly, like birds, or because they move swiftly, like gazelles, or because they can defend themselves with their fangs, like leopards. This is the category which it is haraam to keep. These things do not become the property of the finder after he announces it for a year, because when the Prophet (peace and blessings of Allaah be upon him) was asked about a lost camel, he said: “What has it got to do with you? It has its water, it can walk to find water and it can eat trees until its owner finds it.” (Agreed upon). ‘Umar said, “Whoever takes a lost animal is misguided” i.e., he is a sinner. The Prophet (peace and blessings of Allaah be upon him) ruled in this hadeeth that the lost animal should not be taken, it should be left to find its own water and to eat from the trees until its owner comes across it. This also applies to large implements, such as big pans, wood, iron and anything that can be left alone without getting damaged. Such things can hardly be lost and cannot move from where they are, so it is haraam to take them just as it is haraam to take lost large animals, and in fact it may be more haraam to do so. The third scenario: any other kind of lost property, such as money, luggage, and any animals that need to be protected from small predators, such as sheep, young camels and calves. If the one who finds them can trust himself not to harm or damage these things, then it is permissible for him to pick them up. These things are of three types: The first type: animals that are eaten, such as young camels, sheep, chickens, The one who finds these must do what is in the best interests of the owner, which may be one of three things:
The second type: things that could become spoiled, such as watermelons and fruits. The finder in this case should do what is in the owner’s best interests, whether this is eating it and paying for its value, or selling it and keeping its price until the owner comes. The third type: all other kinds of wealth that are not covered by the first two types, such as money and vessels. All of these must be kept as a trust and announcements should be made in the places where people gather.
The meaning of the phrase “then announce it for a year” is that it should be mentioned to people in the places where they gather, such as in market places and by the doors of the mosque etc. “A year” means for one full year. In the first week after it is found, it should be announced every day, because it is more likely that the owner will come in that first week. After that it should be announced as often as is customary among the people. This was the method of announcing lost property in the past. Nowadays people should make lost and found announcements in whatever way is appropriate. What matters is achieving the desired result, so one must do whatever it takes to return property to its rightful owner. The hadeeth indicates that it is obligatory to know exactly what the lost property is. The phrase “Know the purse and the strings” indicates that it is obligatory to know what it looks like, so that if the owner comes and describes it properly, it can be given to him, but if his description is at odds with the true description, then it is not permissible to give it to him. The phrase “If no one claims it, then dispose of it” indicates that the finder takes possession of the property after one year has passed and after announcing it, but he should not dispose of it before he knows exactly what it is, i.e., until he knows “the purse and the string”, and he knows its value, nature and description. If the original owner comes along some time later, and describes it accurately, he should then give it to him, because the Prophet (peace and blessings of Allaah be upon him) said: “If someone comes looking for it some day, then give it to him.” The above discussion makes it clear that there are certain obligations with regard to lost property:
Source: From al-Mulakhkhas al-Fiqhi by Shaykh Saalih ibn Fawzan Aal Fawzaan, p. 150 |
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