When does a found object (luqatah) become the legal property of the finder?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 1 · Bab 1

Open in Qurani

Primary text

The found object enters the finder's possession by legal implication immediately upon the completion of the required declaration period, similar to inheritance. This is the apparent position of Al-Khiraqi and the position narrated from Ahmad by the majority of his students. The evidence lies in the Prophet's saying: "If its owner comes, otherwise it is like the means of an owner," and the command to "spend it." Furthermore, if the ownership were conditional upon the finder's explicit action, the ruling would have been clarified to the finder and his acting upon it beforehand would not have been permissible. Other narrations state, "It is for you" or "all of it," all of which indicate immediate legal possession. The act of finding and declaration are causes for ownership; thus, once fulfilled, ownership must be established by ruling, analogous to reviving barren land (ihya') or hunting. As it is a means of acquiring ownership, the possession should not be suspended awaiting the finder's saying or choice, unlike borrowing, which is the cause itself and requires more than mere completion of the initial act.

Supporting text

Al-Khattab preferred the view that ownership does not transfer until the finder explicitly chooses to take ownership. Followers of Al-Shafi'i differed: some agreed with the primary view; others stated ownership is established by intention; still others believed ownership is established by the finder stating, "I choose to take ownership"; and a final group maintained that ownership requires both the statement and the subsequent disposition of the object, likening it to a purchase that requires the choice of the acquirer.