What is the preferred action regarding taking found property ('Luqatah')?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The preferred course of action, according to the Imam (Hanbali school's founder), is to refrain from taking the found property. This view is narrated from Ibn Abbas and Ibn Umar, and adopted by Jabir ibn Zayd, Al-Rabi' ibn Khaythum, and 'Atta'. Al-Sharih ignored a dirham he came across. Abu Al-Khattab holds that if the finder is in a place of loss ('madya'ah') and feels secure regarding the property, taking it is preferable. This is the position of Al-Shafi'i. The basis for preferring to leave it is that taking it risks involvement in unlawful acquisition and neglecting the obligatory duty of publicizing it and fulfilling the trust, making avoidance safer, similar to guardianship over an orphan's wealth.
Supporting text
A differing opinion, also attributed to Al-Shafi'i, suggests that taking the property is obligatory based on the Quranic verse, 'The believing men and believing women are mutually protecting allies, one of another' (Quran 9:71), implying a duty to safeguard a Muslim's property once found. Sa'id ibn al-Musayyib, Al-Hasan ibn Salih, and Abu Hanifa also permitted or favored taking it. Malik preferred taking it if it was something easily recognizable, for the sake of preserving the Muslim's wealth.