Is there a difference in the ruling of ownership via announcement between currency (Athman) and general merchandise (Urood)?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 2 · Bab 1

Open in Qurani

Primary text

The sound opinion is that there is no difference between currency and general merchandise regarding the permissibility of taking ownership after the announcement period. The general hadith regarding lost property must be applied to all permissible items. Moreover, if a specific narration applied only to currency, other items sharing the same meaning or underlying rationale (Maanah) must be included by analogy (Qiyas). The rationale is stronger for merchandise, as currency does not perish with time, whereas merchandise does, making ownership and utilization necessary to preserve its value for the owner, the finder, and the community, in adherence to the prohibition against wasting wealth.

Supporting text

Arguments against equating them suggest that the specific texts mentioning currency imply exclusivity, and that merchandise lacks the inherent value or purpose tied to currency. Additionally, some stated that property found in the Haram (sanctuary) cannot be owned upon finding, and this lack of ownership should extend beyond the Haram boundary, similar to camels.