What is the ruling if a usurper seizes a found item from the original finder and announces it?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If a usurper seizes the item from the finder and announces it, he does not acquire ownership in any case. This is because he is an aggressor in taking it, and the means of establishing ownership was not found in him. Being the initial finder (iltiqat) is part of the required means, which he lacked.
Supporting text
This differs from the case where a second finder takes possession, because in that instance, both the act of finding (iltiqat) and the announcement (ta'reef) were present in the second finder.