How is a lost item settled between two claimants if it is in the possession of neither?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the lost item is not in the possession of either claimant, the judge should decide between them by lot-drawing, as is done when it is in their hands, because they are contesting a right held by a third party, resembling a dispute over a deposit held by someone else.

Supporting text

Al-Qadi and Abu al-Khattab state the judge may deliver it to whomever he deems fit from among them or others because it is a right belonging to them.