Can the finder (multaqit) delegate the care of a lost item?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 1 · Bab 1

Open in Qurani

Primary text

The finder of a lost item has the right to undertake its custody personally or to delegate this task to another. If a volunteer is found to perform the service, no charge is incurred. If compensation is necessary, the expense falls upon the finder. This view is held by Al-Shafi'i and the Companions of opinion (Ashaab ar-Ra'y).

Supporting text

Abu Al-Khattab and Ibn Aqil preferred that if the finder intends only to guard the item for its owner without intending ownership, the wage for the custody should be borne by the owner, as this falls under the expenses of returning the item to its rightful possessor, similar to the cost of storage, pasturing, or drying it.