Rules Regarding The Luqtah (Lost and Found Aticles)
Luqtah is any form of guarded property exposed to dissipation, whose owner is unknown.
The rule concerning it:
If the finder believes it to be safe if he left it where he found it, it is preferable for him to leave it. If he believes it will not be safe if he leaves it in its place, it is Wajib for him to take it. But if he knows he will covet it, then it is Haram for him to take it.
1. The basis for this is the statement of the Prophet (SAW):
When He was asked about finding gold or silver whose owner is unknown, He (SAW) said,
“Note the sack that holds it (the wealth ) and the cord that draws the sack closed, then announce its recovery for a year. If no one claims it, you can spend it, but it is a trust on deposit with you, so if its owner comes to you at anytime (without a deadline) give it to him.”
They asked Him about the lost camel, He (SAW) said:
“What do you have to do with? Leave it alone because its food and drink are with it. It can find water and eat from trees until its owner finds it.”
And He was asked about a sheep, He (SAW) said:
“Take it, it’s either for you or your brother or a wolf ”. (Agreed upon)
2. And He (SAW) said:
“Whoever finds a lost article, should have an honest person or two honest people bear witness to it; and he should not conceal it or go away then. If he find its owner, he should return it to him, and if not, it is the wealth of Allah, which He gives to whom He wills”. (Abu Dawud )
3. Ibn Mas’ud (R.A.) bought a slave-girl. (Before he could pay the owner) the man went missing. He kept trying to find him, but at the end of a year he was still missing. So he distributed the price of the slave-girl as charity, a Dirham here, two Dirhams there, saying: “O Allah, this is on behalf of so-and-so, but if he doesn’t agree, then on my own behalf and I owe him the payment”, and he said, “This is the way to handle the Luqtah if the owner cannot be found.” (Bukhari)
4. It is recommended for a rich person who finds a lost article to give it in charity after a year of advertising its discovery, but if he’s poor it’s all right for him to make use it.