Is the taking (picking up) of lost property (luqtah) by a slave valid without the master's permission?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The taking of lost property by a slave is valid without the permission of his master. This is the opinion held by Abu Hanifa and one ruling attributed to Al-Shafi'i. The evidence for this validity lies in the general scope of the prophetic tradition. Furthermore, since taking lost property is a means by which a minor can acquire ownership, it is valid for a slave to do so, similar to gathering firewood or hunting. Additionally, whoever is qualified to accept a deposit (wadi'ah) is qualified to take lost property, like a free person.
Supporting text
The opposing view argues that the taking is invalid because lost property, in the first year (the year of announcement), constitutes a fiduciary trust (amanah) requiring authority (wilayah), and the slave is not qualified for authorities or ownership. Another objection is that a slave cannot own property. This is refuted by noting that the slave acquires the property for his master, similar to other forms of earning. Moreover, taking lost property is an act of saving wealth from ruin, making it permissible for the slave without his master's permission, analogous to rescuing drowning or wrongfully seized property.