Is the ruling on picking up lost property (Luqatah) in the Sacred Precinct (Haram) the same as in other areas (Hill)?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 1 · Bab 1

Open in Qurani

Primary text

The apparent view from Ahmad and Al-Kharaqi is that the ruling regarding lost property in the Haram (Sacred Precinct) and the Hill (non-sacred area) is the same. This opinion is narrated from Ibn Umar, Ibn Abbas, Aisha, and Ibn Al-Musayyib, and constitutes the madhab of Malik and Abu Hanifa. The evidence for this view is the general scope of other Hadiths, the fact that the Haram is one of the two Sacred Precincts (implying similarity to the Haram of Medina), and that lost property is a trust (amanah), meaning its ruling should not differ based on the sacredness of the location, similar to a deposit (Wadi'ah). Furthermore, the saying of the Prophet, peace be upon him, concerning Mecca: 'Its dropped item is not permissible except for one who announces it' (Muttafaqun 'alayh), can be interpreted generally, meaning announcement confirms ownership, not that the item is exclusively restricted.

Supporting text

A second narration from Ahmad states that one is not permitted to take possession of lost property found in the Haram; rather, it is only permissible to safeguard it for its owner. If taken, it must be announced perpetually until the owner arrives. This view is attributed to Abdurrahman ibn Mahdi and Abu Ubayd. Al-Shafi'i holds opinions aligning with both primary and secondary views.