Is it permissible for one who is not trustworthy (not 'Ameen') to pick up lost property (Luqatah)?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
It is recommended that one who is not trustworthy should not take lost property as it exposes oneself to a trust for which one is not suited. However, if such a person does pick it up, the taking is valid because it is a means of acquisition, and they are capable of acquisition. Furthermore, if a non-Muslim's taking of property is valid, a Muslim's taking is more appropriate. If the taker holds the property and announces it for one full year, they gain ownership, similar to a trustworthy person. If a ruler or authority becomes aware of the property, they leave it in the taker's possession but assign a supervisor to oversee the announcement process, as is done with a non-Muslim. This view is held by Abu Hanifa and one opinion of Al-Shafi'i.
Supporting text
The second opinion of Al-Shafi'i states that the property must be removed from the taker's possession and placed in the custody of a trustworthy person. The justification for leaving it with the initial taker is that relinquishing possession of a deposit does not negate one's possession of lost property, similar to a trustworthy person. Security is established by adding a supervisor, but if supervision proves insufficient, the property is removed and given to a just person. Once the required announcement period is complete, the taker acquires ownership because the cause of ownership has been fulfilled by them.