Is it permissible to give found property (Luqatah) to a claimant who does not describe it or provide evidence?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is not permissible to give found property to a claimant who does not describe it or establish ownership through evidence, regardless of whether one suspects the claimant is truthful or deceitful. This is because found property is a trust (*amanah*), and it cannot be handed over to someone whose ownership is not proven, similar to a deposited item (*wadi'ah*). If the property is handed over to such a claimant, and then a second claimant comes who describes the property or provides evidence, the first recipient must compensate the rightful owner for the loss due to his negligence in failing to safeguard the property. Furthermore, the first recipient may seek recourse against the initial claimant, as the initial claimant took another's property. The owner also has the right to hold the first recipient liable. If the first recipient is held liable, he has no right of return against anyone else.

Supporting text

If no one comes to claim the property, the finder (*multaqit*) may demand compensation from the one who took it from him, as the finder anticipates the rightful owner appearing and holding him liable. Since the property is a trust in the finder's possession, he has the right to reclaim it from the usurper, similar to a deposited item.