What is the ruling regarding property thrown overboard from a ship by passengers fearing shipwreck?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The established view is that property thrown overboard by passengers fearing drowning is subject to differing interpretations among our scholars. The probability suggests that the person who retrieves it owns the property, consistent with the view of Al-Layth ibn Sa'd and Al-Hasan. This possibility arises because the owner intentionally cast the property into a situation where it would perish, making it akin to property willingly abandoned. This ruling validates retrieval because the alternative interpretation (returning it without compensation) actively contributes to its destruction.
Supporting text
The view implied by Al-Shafi'i and Al-Qadi, as well as Ibn Al-Mundhir, is that the property must be returned to its owners without compensation for the retriever. The position of Imam Abu Abdullah suggests the retriever is entitled to compensation equivalent to the usual rate.