Can a finder who is not poor, or not among those entitled to charity, claim ownership of an unannounced lost item?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The finder may claim ownership of the lost item after the announcement period if the conditions are met. This is supported by the Prophet's (peace be upon him) statement in the hadith of Zayd ibn Khalid: 'If you do not know [the owner], then spend it,' and other narrations specifying to utilize it or to keep it. This right of ownership applies to the finder just as ownership is established through a loan, and whoever is permitted to find the lost item is permitted to take possession after the announcement, even if poor.
Supporting text
Some scholars, citing the narration of 'Iyadh ibn Himar al-Mujashi'i where the Prophet (peace be upon him) stated that if the owner is not found, 'then it is the property of Allah, He gives it to whom He wills,' argue that anything attributed to Allah is only possessed by those entitled to charity. Abu Hanifa permits the finder to take ownership only if the finder is poor and not a relative. Al-Khallal rejected this view, stating it is not the madhhab of Ahmad.