What is the ruling regarding found items that can be preserved through treatment, such as grapes and fresh dates?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
For items that can be preserved by treatment, such as drying grapes or dates, the ruling depends on what best serves the owner's interest (al-hazz). If drying is the necessary course of action, the finder must dry it, analogous to the guardian of an orphan. If drying requires expenses, some of the item must be sold to cover those costs. If the owner's interest lies in selling it, the finder must sell it and preserve the price, similar to foodstuffs. If selling is impossible and drying is unfeasible, consumption becomes mandatory, like with melons. If consuming the item is more beneficial for the owner, consumption is permitted because it serves the owner's primary interest.
Supporting text
The implied position of our scholars suggests that since perishable goods do not become owned through the announcement period, the finder cannot consume them; rather, the finder is given the choice between giving it away as charity or selling it. Ahmad and Malik state that if perishable food is found, it should be announced until spoilage is feared; if spoilage is feared, it should be given as charity, and if the owner appears later, the finder must compensate. The Hanafi school states that items that do not last a year should be given as charity. Al-Thawri stated that it should be sold and the price given as charity.