Is it obligatory to witness the finding of lost property (Luqatah) at the moment it is found?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
It is recommended (mustahabb) to witness the finding of lost property when one finds it. Ahmad declared that he dislikes touching it until it is witnessed, implying this is not obligatory, and if one does not witness it, there is no liability for loss. Malik and Shafi'i hold this view. The evidence supporting the non-obligation is based on the hadith of Zayd ibn Khalid and Ubayy ibn Ka'b, where the Prophet (peace be upon him) commanded them only to announce (ta'reef) the property, not to witness the finding. Delaying clarification until the time of need is impermissible; had it been obligatory, the Prophet (peace be upon him) would have specified it when questioned about lost property.
Supporting text
Abu Hanifa held that one is liable if they do not arrange for witnesses, citing the command: 'Whoever finds lost property, let him have one just man or two just men witness it,' interpreting this command as obligatory. He reasoned that not arranging witnesses suggests the finder intends to keep it for themselves.