Is there a distinction in the ruling of lost property (Luqatah) between that which is small in value and that which is large?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The apparent view within the Madhhab does not differentiate between a small amount and a large amount of lost property. However, property that is so insignificant that the soul is not concerned with it, such as a single date, a crumb, or a rag, is permissible to take and benefit from without the requirement of announcing it (ta'reef). This is supported by the action of the Prophet, peace be upon him, who did not rebuke the finder of a date for eating it, stating, "If you had not come for it, it would have come for you." Furthermore, the Prophet, peace be upon him, saw a date and stated, "Were it not that I fear it might be from Zakat (charity), I would have eaten it." There is no known disagreement among scholars regarding the permissibility of taking small items and benefiting from them. This view is narrated from Umar, Ali, Ibn Umar, Aisha, and was held by Atta, Jaber bin Zayd, Tawus, Nakha'i, Yahya bin Abi Kathir, Malik, Shafi'i, and the As'hab al-Ra'y (Hanafi scholars).
Supporting text
The majority of those mentioned, including Ahmad, did not specify a precise definition for what constitutes 'small' property where taking without announcement is permitted.