Is it permissible for someone other than the Imam or his deputy to take lost property for safekeeping?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
It is not permissible for a person other than the Imam or his deputy to take lost property for safekeeping on behalf of the owner. Such a person incurs liability (daman) for the item because he possesses no authority (*wilayah*) over the owner. This is the apparent position within the Shafi'i school.
Supporting text
One opinion among the Shafi'is suggests that taking the item for safekeeping is permissible by analogy with the Imam. This analogy is invalid because the Prophet (peace be upon him) prohibited taking lost items without distinguishing between one intending safekeeping and one intending mere retrieval (as a finder). Furthermore, the analogy to the Imam is flawed because the Imam possesses legal authority, which the other individual lacks.