The Fiqh of an ‘Amazing story’ : Shaikh Saalih Fawzaan

[Shehzad Sattar]

The Fiqh of an ‘Amazing story’
Shaikh Saalih Fawzaan

Read the Amazing Story @ http://wp.me/p4c1O1-i4 before your proceed to read the below Fiqh of al-luqtah – Lost and Found items

al-Allaamah, ash-Shaikh Saalih ibnu Fawzaan al-Fawzaan in his book al-Mulakhkhasul Fiqhee, page 150 said:

This true, unpolluted religion has came [to teach] that property is to be protected and preserved, and it comes to respect and protect the property of the Muslim. From among these things is al-luqtah or lost property.

If property gets missing from its owner, then it can not be devoid of three situations:

The first situation is which the common person would consider mediocre, like a whip, or a loaf of bread, or some fruit, or a stick. In these circumstances, the person who finds the property may keep it and use it without having to publicize it, because of what Jaabir narrated:
“The Messenger of Allaah, sallallaahu alaihe wa sallam made a concession with regards to a stick or a whip or a rope that a person finds and picks up.” Collected by al-Imaam Aboo Daawood.

The second situation involves small, beast of prey that are not likely to be harmed by small predators, either because of their size, such as camels, horses, cattle and mules, or because they can fly, like birds, or because they move quickly, like gazelles, or because they can protect themselves with their fangs, like lynxes, cheetahs or panthers. These are the kinds, which are forbidden to keep.

These things do not become the property of the finder after he announces it for a year, because when the Prophet, sallallaahu alaihe wa sallam was asked about a lost camel, he said: “What has it got to do with you? It has its water, it can walk to find water and it can eat trees until its master finds it.” (Agreed upon).

Umar said, “Whoever takes a lost animal is astray” meaning, he is a sinner.

The Prophet made a ruling in this hadeeth that the lost animal should not be taken, it should be left to find its own water and to eat from the vegetation until its master finds it.

This also applies to big instruments, such as large pots and pans, wood, iron and anything that can be left alone without getting damaged. These are the types of things that are rarely lost and do not move from their places, therefore it is prohibited to take them just as it is not allowed to take large lost animals, rather it is more suitable to [leave them].

The third situation is any other type of lost property, such as money, luggage, and any animals that need to be protected from small predators, for instance sheep, young camels and calves.

If the one who finds these [types] is sure within himself that he will not harm or damage these things, then it is permissible for him to pick them up

These things are of three categories:

The first category are animals that are eaten, such as young camels, sheep, chickens, for then it is necessary for the one who finds these to do what is for the betterment of the owner, which is comprised of three matters:

1.Eating it, in which case he owes the value of the animal.

2.Selling it and keeping the amount of it to give to the owner after he has made known the description of the animal.

3.[The finder] keeping it and spending on it from his own money, but he does not own it and he can be reimbursed for what he has spent on it in the event, the owner comes to claim the animal back, because when the Prophet, sallallaahu alaihe wa sallam was asked about the sheep, he said: “Take it [and use it], for either it is for you, or your brother, or the wolf.” (Muttafaqun alaihe). That is, the sheep is feeble and is susceptible to attack, so you either take it, or your brother takes it, or [if you do not do the first two] the wolf will eat it?.

[Shaikhul Islaam] Ibnul Qayyim during his comments concerning this noble hadeeth said:

“In this [noble hadeeth] is the permissibility of taking lost sheep, and if the saahib (owner) of the sheep does not come to reclaim it, then it will be the property of the mutaliqqit (one who finds it). Then he has the choice to eat it immediately, and upon him will be the amount of it, or he can sell it and keep the amount, or he can keep it and spend on it from his own wealth. But the scholars agreed that if the owner returns prior to the mutaliqqit (finder) eating it, the owner has the right to collect it.”

The second category are things that are feared of becoming destroyed, such as watermelons and fruits. The finder in this situation should do what is for the owner?s benefit, whether it is eating it and paying for its amount, or selling it and keeping the value of it until the [true] owner arrives.

The third category all other kinds of material goods that are an exception to the first two categories, like cash and vessels. All of these [things] must be kept as an amaanah or trust in his hands and [therefore] public announcements should be made at all the [public] places where people usually gather.

1.It is not permissible for anyone to pick up any kind of luqtah (lost property) unless he can guarantee that he will deal with it in a suitable manner and that he has the ability to do what is required to make it publicly known.

This is because of the hadeeth of Zayd ibnu Khaalid al-Juhanee, radiyallaahu ‘anhu who said: The Messenger of Allaah, sallallaahu alaihe wa sallam was asked about luqatudh dhahab wal waraq (lost gold and silver). He said, “[You should} know the details of the wikaa’ (purse) and the ‘ifaas (string), then publicize it for a year. If no one claims it, then dispose of it, for it is like a trust in your hands. Then if the owner returns some day, give it to him.” He was asked about the sheep, so he said, “Take it, for either it is for your [benefit], or your brother?s [benefit], or the [benefit of the] wolf.” He was asked about lost camels, and he said, “What has it got to do with you? It has its water, it can walk to find water and it can eat from the vegetation until its owner finds it.” Muttafaqun alaihe.

2.The meaning of the [Prophet’s sallallaahu alaihe wa sallam] phrase “[You should] know the (wikaa) purse…” is with regards to the type of purse or wallet the money is kept in …”and the ifaas (string)”… is the way it is bound or tied up.

3.The meaning of the [Prophet?s sallallaahu alaihe wa sallam] phrase …”then announce it for a year”… is that it should be publicized to people in the places where they gather, such as in market places and at the entrances of the masaajid, the general meeting places and assembly.

…”a year”… means for one full year. In the initial week after finding it, it should be publicized every day, because the likelihood of the owner coming in that first week is greater. After that it should be made known according to the habits of the people [frequenting those places].

This was the method of broadcasting lost property in the past. In our present times, the finder should make lost and found announcements in whatever way is fitting. The most important thing is achieving the desired result, so the person must do whatever is in his means to have the property returned to its [true] owner.

4.The hadeeth indicates what is the obligation of identifying precisely lost property. The phrase …”[You should] know the purse and the strings”… shows that it is mandatory to know what it looks like, so that if the owner returns and describes it properly, it will be paid to him, but if his description differs [in any way whatsoever] from the correct description, then it is not permissible to pay him (i.e hand it over to him).

The phrase [of the Prophet sallallaahu alaihe wa sallam] …”if no one claims it, then dispose of it”… indicates that the finder takes possession of the property after one year has passed and after announcing it, but he should not dispose of it before he knows exactly what it is, i.e., until he knows.

…”the purse and the string”… means he knows its value, nature and description. If the original owner comes along some time later, and describes it accurately, he should then give it to him, because the Prophet sallallaahu alaihe wa sallam said: “If someone comes looking for it some day, then give it to him.”

Conclusion of Shaikh Saalih al-Fawzaan’s explanation of the fiqh of al-Luqtah:

1.So it is clear from what has proceeded that the matters pertaining to al-luqtah are as follows:

When it [the property] is found, it should not be taken unless he is certain that he can assure within himself to keep it [safe and secure] and is able to make the necessary public announcements until he comes across the owner.

Whoever can not assure within himself that he can do this, is not allowed to take it. If he does take it, then he is like one who takes something wrongfully, because he took the possessions of someone else in a manner that is not permissible, and because by taking it he is causing someone?s property to be [further]lost.

1.Before he takes it, he must be sure of its exact details, by knowing its container, value, type, appearance and size.

What is meant by its ‘purse’ is knowing the appearance of the container it is in, whether it is a bag or a cloth, and what is meant by its ‘string’ is what it is tied up with, because the Prophet sallallaahu alaihe wa sallam commanded this, and [as it is mentioned in the many principals of fiqh] a command implies that something is obligatory.

2.It must be announced for a whole year, every day in the first week and according to the habits of the people [with regards to them congregating in those designated locations].

For example, he can say “Who has lost something?” and the like. The public announcements should be made in those places where people gather, such as in malls, marketplaces or at the entrances of masaajid (and Islaamic centers) at the times of prayer. However, these broadcasts or public announcements should not be made inside the masaajid, because the masaajid are not constructed for those purposes, since the Prophet sallallaahu alaihe wa sallam said: “Whoever hears a person making an announcement about any lost property in the masjid, let him say, ?May Allaah never return it to you!”

3.If someone comes looking for it and describes it accurately, it must be given to him without asking him for proof or to swear an oath, because of the command of the Prophet (sallallaahu alaihe wa sallam) to do so, and because his precise description is sufficient in the place of proof or an oath.

For surely, his description may be clearer and more honest than a proof or an oath. He should also be given any increase(produced from the possesion during the time he held it), whether attached or separate. But if he is not able to describe it, then it should not be given to him, because it is an amaanah or trust in the hands of the finder, and it is not allowed for him to give it to someone who cannot establish that he is the rightful owner.

4.If the owner does not come forth after it has been publicized for one full year, it then becomes the property of the finder, but before he disposes of it he must be sure of its exact description, so that if the true owner comes along one day and accurately describes it, he can give it back to him if it still exist, or he can give him something else if it no longer exist, because his holding it is limited to the time when the rightful owner comes along.

Post Courtesy : Aboo Dihyah Dawud Adib (hafidhahullaah) via Salafitalk.net

Source: http://abdurrahman.org/economics/the-fi ... wzaan.html