Does found property (Luqatah) become the property of the finder after the required period of announcement (Ta'reef)?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 1 · Bab 1

Open in Qurani

Primary text

Property that is permissible to pick up becomes the property of the finder upon completion of the announcement period, whether it is currency or other goods. This ruling is based on the general application of hadith concerning found property. The Prophet, peace be upon him, was asked about lost property and stated: Announce it for one year, and if its owner comes, return it; otherwise, you may benefit from it or dispose of it as you wish. In the hadith of 'Iyadh bin Himar, the wording regarding lost property is general. Furthermore, a narration concerning Sufyan bin Abdullah finding a chest instructed him by 'Umar ibn al-Khattab to announce it for one year, and if unclaimed, it becomes his. This narration explicitly covers items other than currency.

Supporting text

Some hold that only currency (Athman) becomes the property of the finder after the announcement period, not general merchandise (Urood). This view is attributed to a narration from Imam Ahmad by the majority of his school. Dissenting views exist on how long non-currency items should be announced, with some saying indefinitely, while others permit the finder to either continue announcing or refer the matter to the ruler. There is also disagreement on whether the item can be sold after one year and the proceeds given in charity.