What is the ruling regarding lost property found by a minor, insane person, or fool (*safih*)?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If a minor, insane person, or fool finds lost property, their possession (*yad*) of the item is established based on the generality of the reports (Hadith) and because this constitutes earning (*taksab*), which is valid for them, similar to hunting or gathering firewood. If the property perishes in their possession without negligence (*tafrit*), they bear no liability, as they took something permissible for them to take. However, if it perishes due to their negligence, they become liable from their own wealth. If their guardian (*wali*) becomes aware of the possession, the guardian is obligated to take the property because the finder is not qualified for safeguarding and trust.
Supporting text
If the guardian leaves the property in the finder's possession, the guardian becomes liable, as safeguarding what pertains to the minor's right is incumbent upon the guardian. If the guardian takes the property, they must announce it, as the finder is not qualified for the announcement period (*ta'rif*). When the announcement period expires, the property enters the ownership of the finder, as the condition for the cause of ownership is fulfilled. This is the madhhab of Al-Shafi'i, although some followers argue that upon expiration, the property is taken on behalf of the minor if it is permissible to incur debt for them, or taken outright for them in all cases due to the strong likelihood that the owner will not be found.