When must the finder ascertain the descriptive details of the lost property?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 2 · Bab 1

Open in Qurani

Primary text

The finder must ascertain the descriptive details of the property, such as its type (e.g., dirhams or dinars), its specific kind, the wrapping if it is cloth, its measure by volume, weight, count, or length, the manner of its binding, the seal of its container, and its covering (*'ifaas*). Ascertaining the description at the time of finding is preferable, as it confirms the finder's knowledge and facilitates trusting the owner's description later. However, postponing the identification of details until the owner appears is also permissible as the essential purpose is achieved then.

Supporting text

If the owner does not appear and the finder intends to dispose of the property after the year, he must ascertain its description beforehand, because disposing of the property dissolves its physical form, preventing him from confirming its characteristics if the owner later appears. The command to ascertain details upon mixing the property with one's own wealth is considered a strict obligatory requirement, while the command to identify details at the time of finding is a broader, permissible directive.