What is the ruling regarding the found property if the finder dies while possessing it?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If the finder dies while the found property still exists in its original form, his heir substitutes him in completing the announcement period if the death occurred before the full year elapsed. The heir owns the property only after the announcement period is completed. If the finder dies after the year has passed, the heir inherits the property like other assets of the deceased. If the original owner appears later, he takes the item from the heir, just as he would take it from the deceased finder. If the item is destroyed (non-existent), the owner becomes a creditor against the estate for its equivalent if it is fungible (dhuwat al-amthal), or its value (qimah) if not fungible. This debt is settled from the estate if solvent; otherwise, the owner contends with other creditors for its equivalent, whether the destruction occurred before or after the item entered the finder's ownership due to his action or otherwise, because ownership is established after the completion of the year.
Supporting text
If the finder knew the item was destroyed before the year elapsed without his negligence, he bears no liability, and the owner has no claim, as it was a trust (amanah) that perished without his fault, similar to a deposit. Likewise, if it was destroyed after the year but before he legally took ownership, without negligence, according to the view holding that ownership is not established until formal acquisition. If the destruction is unknown and the item is not found in the estate, the apparent view is that the owner is a creditor against the estate for its value, regardless of whether the death occurred before or after the year, based on the presumption of the item's continued existence. Conversely, it is probable that nothing is incumbent upon the finder, and the owner's right lapses because the default is the finder's exoneration. Another possibility is that if death occurred before the year, nothing is due because it was a trust, and his liability is presumed clear; if after the year, it is part of the estate based on the presumption of its existence and entry into his ownership.