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CHAPTER THIRTY-TWO » Slaughtering and Hunting Animals →
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CHAPTER THIRTY-ONE » Found Property
Ruling 2582. If a person finds some lost property, other than an animal, and the property does not possess any identifying features by which the owner can be known – irrespective of whether or not its value is less than one dirham (12.6 nukhud[327] of minted silver) – he can take the property for himself. However, the recommended precaution (al‑iḥtiyāṭ al‑mustaḥabb) is that he should give it to the poor (fuqarāʾ) as alms (ṣadaqah) on behalf of the owner. This is also the case with money that does not bear any signs [as to whom it belongs]. However, if the amount and the particulars of the time and place [where it was found] give an indication, then the person must announce it, as will be explained in the next ruling (masʾalah).
Ruling 2583. If a person finds some property that possesses identifying features by which the owner can be known, then even if he knows that the owner is a disbeliever (kāfir) whose property is inviolable, he must announce it in a public place for one year from the day he found it if its value is one dirham or more. But if its value is less than one dirham, then based on obligatory precaution (al‑iḥtiyāṭ al‑wājib), he must give it to the poor as alms on behalf of the owner. If the owner is found [after the property has been given as alms], in the event that the owner does not consent to him having given the property to the poor as alms, he must replace it.
Ruling 2584. If a person does not wish to make an announcement [about finding some property] himself, he can ask someone he trusts to announce on his behalf.
Ruling 2585. If a person makes an announcement for one year and the owner of the property is not found, then in case the property was found in a place other than the sacred precinct (ḥaram) of Mecca, he can safeguard it for the owner [with the intention of] returning it to him whenever he is found. During this period, there is no problem in him using the property while looking after it. Alternatively, he can give it to the poor as alms on behalf of the owner. The obligatory precaution is that he must not take it for himself. If the property is found in the sacred precinct of Mecca, the obligatory precaution is that he must give it to the poor as alms on behalf of its owner.
Ruling 2586. If after a person has announced for one year the owner is not found, and the finder safeguards the property for the owner but it is destroyed nonetheless, in the event that he was not negligent in safeguarding it and did not transgress – i.e. he was not excessive – he is not responsible (ḍāmin). However, if he has given it to the poor as alms on behalf of the owner [and afterwards the owner is found], the owner can choose to consent to the act of charity or claim for the item to be replaced; if he chooses the latter, the reward for the act of charity will belong to the person who gave the alms.
Ruling 2587. If a person who finds some property intentionally (ʿamdan) does not announce it as per the instructions that were mentioned, he will have sinned. In the event that he deems it probable that announcing it will be beneficial, it is obligatory (wājib) on him to announce it.
Ruling 2588. If an insane person or a child who is not of the age of legal responsibility (bāligh) finds something that possesses identifying features and its value is at least one dirham, then his guardian (walī) can announce it. In fact, it is obligatory for him to announce it if he has taken the item from the child or the insane person. If he announces it for one year and the owner is not found, he must act according to what was mentioned in Ruling 2585.
Ruling 2589. If a person loses hope in finding the owner during the year in which he makes the announcement, he must – with the permission of a fully qualified jurist (al‑ḥākim al‑sharʿī), based on obligatory precaution – give it to the poor as alms.
Ruling 2590. If the item is destroyed during the year in which a person announces [that he has found the property], in the event that he was negligent in safeguarding it or made use of it, he is responsible for replacing it for the owner, and he must continue to announce it. However, if he was neither negligent nor made use of it, nothing is obligatory for him [concerning this matter].
Ruling 2591. If a person finds some property that possesses identifying features and it has a value of one dirham or more, and if the place where the property was found is such that were he to announce [that he has found the property], the owner would still not be found, then in such a case, he must give the property to the poor as alms on behalf of the owner from the day he found it. Based on obligatory precaution, this must be done with the permission of a fully qualified jurist, and the finder must not wait until the year ends.
Ruling 2592. If a person finds some property and takes it thinking that it belongs to him but afterwards realises that it is not his property, then the laws (aḥkām) that were mentioned in the previous rulings (masāʾil) will apply to him.
Ruling 2593. A person who finds some property must announce it in such a way that were the owner to hear it, he would deem it probable that the property belongs to him. This is something that will vary from case to case. For example, sometimes, it will be sufficient for the person to say, ‘I have found something’. However, in other cases, the person must also specify the type of thing he has found; for example, he must say, ‘I have found a piece of gold’. And in still other cases, he must add some particulars; for example, he must say, ‘I have found a gold earring’. In any case, he must not mention all the particulars of the property in case it becomes individuated. Furthermore, he must announce it in a place where he deems it probable that news of it will reach the owner.
Ruling 2594. If a person finds something and another individual says, ‘It belongs to me’ and describes some of its identifying features, the finder must only give it to him if he is confident (i.e. he has iṭmiʾnān) that it belongs to him. In this case, it is not necessary for the claimant to describe those features of it that an owner would not usually notice.
Ruling 2595. If a person finds something that has a value of one or more dirhams, in the event that he does not announce it and places it in a mosque or some other public place and the item is destroyed or is taken by another person, the person who found it is responsible for it.
Ruling 2596. If a person finds something that cannot remain for a year, he must take care of it for as long as it remains while protecting all those particulars that affect its price. And the obligatory precaution is that he must announce [that he has found the property] during this period. In the event that the owner is not found, the finder can specify a value for it and take it for himself, or he can sell it and keep the money. In both cases, he must continue to announce it. If the owner is found, he must give him its value. But if the owner is not found for one year, he must act according to what was said in Ruling 2585.
Ruling 2597. If at the time of performing ablution (wuḍūʾ) or prayers (ṣalāh) a person has with him something that he has found, his ablution or prayers does not become invalid (bāṭil) even if he does not wish to hand the property over to the owner.
Ruling 2598. If a person takes someone else’s shoes and replaces them with another pair, then in the event that the person whose shoes were taken knows that the shoes that are left with him belong to the person who took his shoes, and he consents to take those shoes in lieu of his own shoes that were taken, he can take those shoes in lieu of his own. The same applies if he knows that his shoes were unrightfully and unjustly taken. However, in this case, the value of the shoes he takes must not be more than the value of his own shoes. If it is, the law (ḥukm) of an item whose owner is unknown (majhūl al‑mālik) applies to the extra amount. In cases other than these two, the law of items whose owner is unknown applies to the shoes.
Ruling 2599. If a person possesses some property that belongs to an unknown owner, and it is not regarded as being ‘lost property’, then in case he is confident that the owner would consent to him using the property, it is permitted (jāʾiz) for him to use the property in any way to which he knows the owner would consent. Otherwise, he must look for the owner for as long as he deems it probable that he will be found. If he loses hope in finding him, he must give the property to the poor as alms, and the obligatory precaution is that he must do this with the permission of a fully qualified jurist. Furthermore, with the permission of a fully qualified jurist, he can give the property’s value to the poor as alms. If the owner is found afterwards but he does not consent to the person giving it to the poor as alms, then based on obligatory precaution, the person must replace the property for the owner.
Ruling 2583. If a person finds some property that possesses identifying features by which the owner can be known, then even if he knows that the owner is a disbeliever (kāfir) whose property is inviolable, he must announce it in a public place for one year from the day he found it if its value is one dirham or more. But if its value is less than one dirham, then based on obligatory precaution (al‑iḥtiyāṭ al‑wājib), he must give it to the poor as alms on behalf of the owner. If the owner is found [after the property has been given as alms], in the event that the owner does not consent to him having given the property to the poor as alms, he must replace it.
Ruling 2584. If a person does not wish to make an announcement [about finding some property] himself, he can ask someone he trusts to announce on his behalf.
Ruling 2585. If a person makes an announcement for one year and the owner of the property is not found, then in case the property was found in a place other than the sacred precinct (ḥaram) of Mecca, he can safeguard it for the owner [with the intention of] returning it to him whenever he is found. During this period, there is no problem in him using the property while looking after it. Alternatively, he can give it to the poor as alms on behalf of the owner. The obligatory precaution is that he must not take it for himself. If the property is found in the sacred precinct of Mecca, the obligatory precaution is that he must give it to the poor as alms on behalf of its owner.
Ruling 2586. If after a person has announced for one year the owner is not found, and the finder safeguards the property for the owner but it is destroyed nonetheless, in the event that he was not negligent in safeguarding it and did not transgress – i.e. he was not excessive – he is not responsible (ḍāmin). However, if he has given it to the poor as alms on behalf of the owner [and afterwards the owner is found], the owner can choose to consent to the act of charity or claim for the item to be replaced; if he chooses the latter, the reward for the act of charity will belong to the person who gave the alms.
Ruling 2587. If a person who finds some property intentionally (ʿamdan) does not announce it as per the instructions that were mentioned, he will have sinned. In the event that he deems it probable that announcing it will be beneficial, it is obligatory (wājib) on him to announce it.
Ruling 2588. If an insane person or a child who is not of the age of legal responsibility (bāligh) finds something that possesses identifying features and its value is at least one dirham, then his guardian (walī) can announce it. In fact, it is obligatory for him to announce it if he has taken the item from the child or the insane person. If he announces it for one year and the owner is not found, he must act according to what was mentioned in Ruling 2585.
Ruling 2589. If a person loses hope in finding the owner during the year in which he makes the announcement, he must – with the permission of a fully qualified jurist (al‑ḥākim al‑sharʿī), based on obligatory precaution – give it to the poor as alms.
Ruling 2590. If the item is destroyed during the year in which a person announces [that he has found the property], in the event that he was negligent in safeguarding it or made use of it, he is responsible for replacing it for the owner, and he must continue to announce it. However, if he was neither negligent nor made use of it, nothing is obligatory for him [concerning this matter].
Ruling 2591. If a person finds some property that possesses identifying features and it has a value of one dirham or more, and if the place where the property was found is such that were he to announce [that he has found the property], the owner would still not be found, then in such a case, he must give the property to the poor as alms on behalf of the owner from the day he found it. Based on obligatory precaution, this must be done with the permission of a fully qualified jurist, and the finder must not wait until the year ends.
Ruling 2592. If a person finds some property and takes it thinking that it belongs to him but afterwards realises that it is not his property, then the laws (aḥkām) that were mentioned in the previous rulings (masāʾil) will apply to him.
Ruling 2593. A person who finds some property must announce it in such a way that were the owner to hear it, he would deem it probable that the property belongs to him. This is something that will vary from case to case. For example, sometimes, it will be sufficient for the person to say, ‘I have found something’. However, in other cases, the person must also specify the type of thing he has found; for example, he must say, ‘I have found a piece of gold’. And in still other cases, he must add some particulars; for example, he must say, ‘I have found a gold earring’. In any case, he must not mention all the particulars of the property in case it becomes individuated. Furthermore, he must announce it in a place where he deems it probable that news of it will reach the owner.
Ruling 2594. If a person finds something and another individual says, ‘It belongs to me’ and describes some of its identifying features, the finder must only give it to him if he is confident (i.e. he has iṭmiʾnān) that it belongs to him. In this case, it is not necessary for the claimant to describe those features of it that an owner would not usually notice.
Ruling 2595. If a person finds something that has a value of one or more dirhams, in the event that he does not announce it and places it in a mosque or some other public place and the item is destroyed or is taken by another person, the person who found it is responsible for it.
Ruling 2596. If a person finds something that cannot remain for a year, he must take care of it for as long as it remains while protecting all those particulars that affect its price. And the obligatory precaution is that he must announce [that he has found the property] during this period. In the event that the owner is not found, the finder can specify a value for it and take it for himself, or he can sell it and keep the money. In both cases, he must continue to announce it. If the owner is found, he must give him its value. But if the owner is not found for one year, he must act according to what was said in Ruling 2585.
Ruling 2597. If at the time of performing ablution (wuḍūʾ) or prayers (ṣalāh) a person has with him something that he has found, his ablution or prayers does not become invalid (bāṭil) even if he does not wish to hand the property over to the owner.
Ruling 2598. If a person takes someone else’s shoes and replaces them with another pair, then in the event that the person whose shoes were taken knows that the shoes that are left with him belong to the person who took his shoes, and he consents to take those shoes in lieu of his own shoes that were taken, he can take those shoes in lieu of his own. The same applies if he knows that his shoes were unrightfully and unjustly taken. However, in this case, the value of the shoes he takes must not be more than the value of his own shoes. If it is, the law (ḥukm) of an item whose owner is unknown (majhūl al‑mālik) applies to the extra amount. In cases other than these two, the law of items whose owner is unknown applies to the shoes.
Ruling 2599. If a person possesses some property that belongs to an unknown owner, and it is not regarded as being ‘lost property’, then in case he is confident that the owner would consent to him using the property, it is permitted (jāʾiz) for him to use the property in any way to which he knows the owner would consent. Otherwise, he must look for the owner for as long as he deems it probable that he will be found. If he loses hope in finding him, he must give the property to the poor as alms, and the obligatory precaution is that he must do this with the permission of a fully qualified jurist. Furthermore, with the permission of a fully qualified jurist, he can give the property’s value to the poor as alms. If the owner is found afterwards but he does not consent to the person giving it to the poor as alms, then based on obligatory precaution, the person must replace the property for the owner.
[1] A nukhud is a measure of weight equal to 0.192 grams. Therefore, 12.6 nukhuds is equivalent to 2.4192 grams.