Is a finder liable for the lost property (*luqata*) if they subsequently return it to the place where it was found?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The finder is liable for the lost property if they take it and then return it to the place where it was found. This view is held by al-Shafi'i and is narrated from Tawus. The evidence is that the lost property becomes a trust (*amanah*) in the finder's possession, necessitating preservation; its loss thus incurs liability, similar to a lost deposit (*wadi'ah*). Furthermore, having taken custody, leaving it exposed to loss necessitates liability.
Supporting text
Malik holds that there is no liability upon the finder for returning it to the place of finding. The supporting evidence is the narration from Umar, commanding a man who found a camel to let it go where he found it. Another narration states that Jarir ibn Abdullah saw a stray cow join his herd and ordered it driven away until it disappeared, suggesting non-liability for removing it from custody without subsequent loss through negligence. Some scholars argue that if the property was one that should not have been taken in the first place, returning it absolves the finder, as they were obligated to leave it initially. Others hold that returning it to the location does not absolve liability, as it entered custody, and absolution requires returning it to the Imam or his representative, similar to stolen goods or property that may legitimately be taken.