What is the ruling concerning a third party acquiring found property through sale or gift before the announcement period concludes?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the original owner appears after the finder has sold or gifted the found property, the owner is only entitled to its substitute (badal). This contrasts with the case where the property passes to the heir; the owner can reclaim the item from the heir. This distinction exists because the heir is a successor (khalifa) to the deceased, and his ownership is subject to the same condition as the deceased's ownership—namely, the contingency of the original owner appearing. The buyer or donee, however, acquires stable, absolute ownership.