Is property abandoned by a traveler who is not in fear of immediate loss owned by the person who secures it?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
Property abandoned by a traveler is not owned by the person who secures it because it lacks intrinsic sacredness and is not feared to perish immediately, unlike an animal that requires sustenance or faces predators. The abandoned property remains until the owner returns. Taking such property does not constitute ownership because there is no inherent risk requiring immediate intervention for its survival, unlike an animal which dies if not fed or watered, or is preyed upon.
Supporting text
The opinion of Al-Layth ibn Sa'd and Al-Hasan is that property thrown overboard by passengers out of fear of sinking is owned by the one who retrieves it. Ibn Al-Mundhir holds that it should be returned to its owners, and the retriever receives no compensation, which is consistent with the views of Al-Shafi'i and Al-Qadi.