Can a Dhimmi (protected non-Muslim) pick up lost property (Luqatah)?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 1 · Bab 1

Open in Qurani

Primary text

The Dhimmi is treated the same as a Muslim regarding the picking up of lost property. This is because picking up lost property is a type of acquisition, and thus they are qualified for it, similar to gathering fodder (hash) or collecting firewood (ihtitab). The invalidity of the opposing argument is demonstrated by the example of a minor or an insane person, whose picking up of lost property is valid despite their lack of trustworthiness (amanah).

Supporting text

Some companions of Imam Al-Shafi'i state that a Dhimmi is not permitted to pick up lost property in the abode of Islam because they are not considered people of trustworthiness.