Is the finder liable for found property lost after the completion of the year of announcement?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If the property perishes after the year, its equivalent or value becomes the liability of the finder in all cases, because it has entered into his ownership and perished from his possessions. This is true whether he was negligent in safeguarding it or not. This view is held by the majority of jurists who established ownership after the year of announcement. If the found item is found deficient after the year, the owner takes the item and the compensation for the deficiency, because the entire item is guaranteed if it perishes, so too must it be guaranteed if it is only diminished.
Supporting text
Some scholars, including Al-Hasan, Al-Nakha'i, Abu Mijlaz, Al-Harith Al-'Ukli, Malik, and Abu Yusuf, rule that the finder is not liable even if the property is lost after the year, holding that ownership is not established until an act of ownership is taken. Dawud stated that if the finder takes ownership and then destroys the item, he is not liable, citing the Hadith of 'Iyadh ibn Himar where the Prophet (peace be upon him) stated, "If its owner comes, otherwise it is the wealth of Allah, which He gives to whomever He wills," implying it becomes permissible. Similarly, reports concerning the Hadith of Ubayy ibn Ka'b and Zayd indicate that the finder is not commanded to return compensation.