Is it permissible for one who finds lost property to intend immediate ownership without declaring it?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
It is an unlawful act for one who finds lost property (*luqatah*) to intend to take immediate ownership without prior declaration or search for the owner. If such an intention accompanies the taking, the taker becomes liable for its loss, whether due to negligence or not, akin to a usurper. Ahmad explicitly stated this ruling. The obligation to declare the property for a year is established by the Prophet's command to Zayd ibn Khalid: "Announce its pouch (*wi'a'*) and its cord (*wi'a'*) and its container (*'ifaas*)" and the command to Ubayy ibn Ka'b: "Announce its container, its cord, and count it, then announce it for a year." Furthermore, when Ubayy ibn Ka'b returned with found gold dinars after a year without finding the owner, the Prophet commanded him to "Announce its count, its container, and its cord, and mix it with your wealth, for if its owner comes, return it to him."
Supporting text
There is a scholarly view suggesting that the finder is permitted to take ownership upon finding and announcing it, similar to hunting or gathering fodder, even if the initial entry onto another's land was unlawful. This view holds that the general ruling of ownership applies to the finder, and considering the intention at the time of finding would differentiate between trustworthy individuals, the corrupt, minors, and the mentally deficient, among whom the usual intent is immediate ownership without declaration.