What is the ruling if a second finder picks up an item lost by the first finder without the second knowing the loss?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If a second person finds the item and later learns it was lost by the first finder, the second person must return it to the first finder. This is because the first finder established the right of ownership, the authority to announce (ta'reef), and custody, rights which are not nullified merely by the loss.
Supporting text
If the second finder was unaware of the first finder's claim until a full year passed, the second finder acquires ownership. This is because the cause for ownership was established in him without aggression, thus establishing ownership for him, just as with the first finder. The first finder cannot forcibly take it back because the established ownership (by the second finder after the year) takes precedence over the right of entitlement (ta'ammul).