What is the legal status regarding ownership of found property (luqatah)?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 1 · Bab 1

Open in Qurani

Primary text

Ownership of found property is a conditional ownership that ceases upon the arrival of its owner. If returning the original item is impossible, the finder is liable to the owner for its value. Some Shafi'i scholars hold that the finder acquires ownership without an immediate liability (dhimmah) for compensation; the obligation to compensate only arises upon the owner's arrival, similar to how the obligation for half the dower arises upon divorce if consummation has not occurred. The primary evidence for this view is the statement of the Prophet (peace be upon him): 'If its owner comes, [it is returned to him]; otherwise, it is property of Allah, which He gives to whomever He wills.' This indicates it is treated as permissible property (mubahat). Furthermore, if the finder dies, the equivalent value is not separated from his estate, he does not qualify to receive Zakat due to that liability, he is not obligated to make a bequest concerning it, and the obligation of Zakat on his wealth is not prevented by this debt, proving that the ruling of a debt does not apply to it.

Supporting text

The majority of Shafi'i scholars, including Al-Qadi and his school, assert that the finder does not possess the found item unless a liability for its compensation is established immediately in his personal obligation. They support this by noting the owner's right to demand compensation, which resembles a loan (qard).