Lost and Found Articles
Its Definition
The lost article refers to an object that was found somewhere without an owner. For example, if a Muslim finds some dirhams or garments on the road and he fears that it will be lost, so he picks it up.
Its Ruling
Picking up a lost article is a permissible act. When someone asked the Messenger of Allah (SAW) about it, He said:
“Note its container and its tying string. Then announce it for a year. If its owner comes (then he may claim it) and if not, it is at your disposal (to use).”
When someone asked him about a stray sheep, He (SAW) said:
“Take it, for it is either for you, your brother or the wolf.” (Al-Bukhari and Muslim)
However, it is recommended for the person who is confident of his own trustworthiness to pick up the lost article, and it is disliked for whoever is not confident of its safety with him. This is because exposing the properties of the Muslims to damage is not permissible.
Its Regulations
The regulations for lost and found articles are as follows:
1) If the lost article is insignificant whereas the common people are not concerned with such a thing, such as dried dates, a seed of grape, a worn-out cloth, a whip or a staff, then there is no harm in picking it up. The person who picks such an item up can use it at once. It is neither necessary to make it known publicly, nor preserve it. This is based upon the statement of Jabir, “The messenger of Allah (SAW) permitted us to pick up the staff, whip, rope and similar things, and use them for personal benefit.”[1]
2) If the lost thing is significant and the common people have concern for it, then it is compulsory upon the person who picks it up to make it known publicly for a complete year. He should announce it at the doorsteps of mosques, public gatherings, through some printed media and mediums of broadcast. If the owner of it comes to the announcer and identifies its container or quantity, and its description, then he should hand it over to him. If a complete year expires after the announcement and none claims the found thing, the finder can use it for his personal benefit or gave it in charity if he wishes. However, while he uses it, he should intend that he would be the guarantor in case the real owner of it comes to him seeking the item.
3) It is not allowed to pick up lost articles in the Haram area of Makkah, unless it is feared that the lost item will be completely lost or wasted. Whoever picks up a lost thing therein, it is
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[1] Ahmad and Abu Dawud, and its chain of narration has been criticized. However, the majority of the people of knowledge act according to it. Yet, it contradicts the Hadith that states, “Whoever picks up an insignificant lost item, such as a rope, a dirham or something similar to that, then let him announce it for three days. If the item is something more significant than that, then let him announce it for a year.”
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compulsory for him to make it known publicly as long as he is in the Haram area. If the person who picked it up wants to go out of the Haram area, he must submit it to the authority and he has no right to possess or own it in anyway. This is due to the Messenger of Allah’s statement:
“Verily this land is sacred. Its shrubs should not be uprooted, its grass should not be plucked, its game animals should not be chased, and its lost items should not be picked up, except by one who will announce them.”
4) It is permissible to pick it up a lost or stray sheep in a desolate desert rea, it may be used at once for the benefit of the one who found it. The Messenger of Allah (SAW) said:
“It is for you or your brother or the wolf.” (Al-Bukhari and Muslim)
If the stray animal is a camel, it is not permissible to take it under any circumstance, as the Messenger of Allah (SAW) said:
“What do you have to do with it? It has its shoes and its drink. It carries water and eats the trees until its owner comes and take it.” (Al-Bukhari and Muslim)
Stray donkeys, mules and horses are similar to the lost camel in ruling. These animals are called Al-Hawamil (those that are left unattended). Hence, it is not permissible to pick them up.
Textual Format for Registering the Lost Articles
So-and-so agrees that on the day of such and such, in the month of such and such, he found at such and such place a bag that contained such and such things. He made it known at once at the time it was found, and he announced it at the same spot, in the marketplaces, streets, and mosques. He announced it on successive days, consecutive Jumu‘ahs (Fridays) and over continuous months. He did this for more than a year. However, no one has claimed the lost item in question, and he fears that he may die. Therefore, I bear witness that he found the lost thing and picked it up. It is in his possession and under his control. However, if its original owner comes later claiming it and demanding it, and it is confirmed that he is truly its owner, then he takes it, and the responsibility of the person who picked it up will end. He is free of it upon handing it over to its real owner in a legal manner. This is recorded on such and such date.”