Is a person entitled to compensation for retrieving abandoned movable property?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
A person is entitled to receive compensation equivalent to the usual rate (ajr al-mithl) for retrieving abandoned property left behind, based on the explicit statement regarding this matter and by analogy to the ruling concerning slaves. This right to compensation is established to encourage the saving of property from loss or perishing, which is a greater necessity than in the case of lost property (luqatah). The rationale is that compensation preserves wealth without inflicting harm, similar to the established payment for retrieving an absconding slave (aabiq).
Supporting text
Al-Qadi suggests that the ruling on mandatory payment of compensation (ajr) must be interpreted as applying only if the owner explicitly offered it or commanded the retrieval. If no compensation was offered, the retriever receives nothing, as he worked on another's property without prior agreement, paralleling the ruling for a finder of lost property (multaqit). This view contrasts with the apparent stance of Imam Ahmad, who implies the right to 'ajr al-mithl' exists even without a prior agreement, distinguishing it from 'luqatah' where the law grants ownership instead of a fee to incentivize retrieval.