What is the ruling regarding found property acquired by a half-slave/half-free individual when there is an existing earnings agreement (*Muhaya'ah*)?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 4 · Bab 1

Open in Qurani

Primary text

There are two opinions concerning whether found property enters into the existing earnings agreement (*Muhaya'ah*). The first view holds that it does not enter the agreement because finding property is a rare acquisition whose occurrence is unknown and unexpected, thus it should not be included in the agreement, and the property should be shared equally between the parties.

Supporting text

The second view maintains that it does enter the agreement because it is considered one of his earnings, thus resembling his other acquisitions. Under this view, if he finds the property on his designated day, it belongs to him; if he finds it on his master's designated day, it belongs to the master.