Is the finder liable for found property lost or diminished before the completion of the year of announcement?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The found property is considered a trust in the finder's possession for one year. If it perishes without the finder's negligence or becomes deficient, the finder has no liability, similar to a deposited item. If the owner appears and finds the property, the finder must return it along with any attached or detached increase, as this increase is considered a product of the owner's property. However, if the finder destroys the item, or if it perishes due to his negligence, he is liable for its equivalent if it is a fungible item, or its value if it is not fungible. There is no known disagreement regarding this.
Supporting text
If the item is found deficient after the year, the owner takes the item and compensation for the deficiency, because the entire item becomes guaranteed if destroyed, thus the deficiency must also be guaranteed. This is the opinion of the majority of jurists who rule that ownership is established upon the completion of the year of announcement.