Is publicizing found property ('Ta'reef') obligatory upon the finder?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 6 · Bab 1

Open in Qurani

Primary text

Publicizing found property for one year in the marketplaces and at the doors of the mosques is obligatory upon every finder, whether they intend to claim ownership or merely preserve it for the owner. The evidence for this obligation is the Prophet's command to Zayd ibn Khalid and Ubayy ibn Ka'b without distinction between intentions. Furthermore, safeguarding the property for the owner is only achieved through notification; retaining it without announcement is equivalent to its loss. Failure to publicize invalidates the permissibility of taking the property in the first place, as taking it might prevent the owner from recovering it through someone who recognizes the place of loss or recognizes the finder.

Supporting text

Al-Shafi'i holds that publicizing is not obligatory for one who intends only to preserve the property for its rightful owner.