What is the ruling regarding a found item that cannot be preserved for a year without treatment?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If a found item cannot be preserved without treatment or intervention, such as cooked food, melons, non-dried fruits, and vegetables, the finder has the choice to either consume it, sell it and keep the price, or keep it. It is impermissible to leave it such that it spoils. If the finder leaves it until it spoils, the finder becomes liable for its value due to negligence (tafrit), similar to a deposited item (wadi'ah). If the finder consumes it, the value becomes a debt upon them, as detailed for lost sheep. If the finder sells it and preserves the price, it is valid. This is the apparent position of the Shafi'i school. The finder may conduct the sale personally. Evidence for allowing consumption is derived from the Prophet's saying regarding stray sheep: 'Take it, for it is either for you, for your brother, or for the wolf,' which permits consumption; this permissibility is even stronger for items that spoil quickly by remaining untouched.
Supporting text
There is a report from Ahmad that the finder may sell minor amounts, but if the amount is large, it should be handed over to the Sultan. Some followers of Al-Shafi'i stated the finder cannot sell it except with the permission of the judge (Hakim); if obtaining permission is impossible, then self-sale is permitted due to necessity. If the finder can seek permission, selling without it is impermissible because it is protected property over which the finder has no legal authority, thus only the judge can sell it, similar to other non-lost property.