What occurs if one person describes the property and another brings clear evidence (Bayyinah) that it belongs to him?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If one person describes the property and another brings clear evidence that it belongs to him, the property goes to the one with the clear evidence because evidence is stronger than mere description. If the initial describer had already taken possession, the property is taken from him and returned to the claimant with proof. If the property has perished, the owner may hold liable for damages either the initial describer or the finder (the one who delivered it). This is the view of Abu Hanifa and Shafi'i.
Supporting text
A secondary opinion, held by Ibn al-Qasim, a companion of Malik, and Abu Ubayd, suggests that the original finder is not liable for damages because he acted as a trustee without negligence, having done what he was commanded to do. However, the stronger position is that the finder is liable because he knowingly delivered the property of another to someone not rightfully entitled, similar to improperly delivering a trust good.