When does the owner of lost property gain the right to demand compensation for its lost value?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The owner's right to demand compensation for the value of lost property only materializes upon his arrival, contingent upon the item having been destroyed (talaf). If the item were still existing, the owner would take the item itself, not its monetary equivalent. The owner’s right to claim the substitute value is established anew upon the destruction of the property, analogous to how ownership of half the dower is established upon divorce before consummation, or its substitute if the original is non-existent.
Supporting text
The opposing view concerning immediate liability for compensation suggests that if the finder acquired it with an established liability, his ownership would not cease merely upon the owner's arrival unless the owner explicitly consented to the exchange or chose that disposition, which is contrary to the established ruling. This contrasts with a loan (qard), where the creditor's right to reclaim ownership only resumes upon the borrower's consent to the exchange.