Fatawaa in Regards to Lost Property

[Shehzad Sattar]

Lost Property Must be Announced for a Whole Year

Question:

I found some lost gold and sold it and then gave its value in charity, and my intention when doing so was - if I found its owner - and did not accept this, that I gave him its value, because I found it in the middle of a big city. Am I guilty of any sin in doing this?

Answer:

It is incumbent upon you and others who find any important lost property, to announce it for a whole year in the meeting places of the people two or three times a month. If its owner becomes known, it must be given to him. If he is not known, then it is yours after a year, because the Prophet (sallAllaahu 'alayhi wa sallam) ordered this. The exception to this is if it was found in the Haramain, in which case, so that its owner may become known. Or, he is to submit it to the responsible authorities in the Haraman, so that they may take care of it for its owner, based upon the words of the Prophet (sallAllaahu 'alayhi wa sallam) in Makkah:

"It is not permissable (to take) the things which are dropped therein, except to announce" (them). (Al-Bukhari No.2434 and Muslim No.1355)

and his words:

"I have made Al-Madinah sacred, just as Ibrahim made Makkah sacred" (Al-Bukhari No.2129 and Muslim No.1360)

However, if the lost item is something insiginificant and unimportant to its owner, such as a rope, a shoelace or a small amount of money, then it is not obligatory to announce it, and the one who found it is entitled to utilise it or give it in charity on behalf of its owner. An exception from this ruling is the lost camel and other animals which are prohibited, such as small beasts of prey, like the wolf etc., as it is not permissible to take them, based upon the words of the Prophet (sallAllaahu 'alayhi wa sallam):

"Leave them for they have their feet and their stomaches, so they can go down to the water and eat trees until their master finds them." (Al-Bukhari No.2428 and Muslim No.1722)

And Allah is the Granter of success.

Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, volume 5 / page 23-24

Source: http://www.fatwaislam.com/fis/index.cfm?scn=fd&ID=431



Lost Property in the Sacred Places

Question:

A person found a watch in the Sacred City of Makkah and it has been with him now for over four years. What is the solution regarding it? Should we return it to the Sacred City again, or give its value in charity to one of the poor, having established its worth with the watch sellers? May Allaah reward you with the greatest goodness.

Answer:

It is not permissible to take lost property in the Sacred Places, except for one who intends to announce it, according to the saying of the Prophet (sallAllaahu 'alayhi wa sallam):

"It is not permissible (to take) the things which are dropped therein, except to (them)." (Al-Bukhari No.2434 and Muslim No.1355)

So it is incumbent upin this person to submit the lost property to the High Court in Makkah so that it may be forwarded to the Commitee Responsible for Lost Property in the Sacred City. Having done that and turned in repentence to Allaah, Most Glorified for his nelgect - since he did not previously announce it - he will be free of blame. And through Allaah is obtained success.

Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, volume 5 / page 26 - 27

Source: http://www.fatwaislam.com/fis/index.cfm?scn=fd&ID=437



The Ruling on Lost Property which has not been Announced

Question:

I found a sum of Riyals and I took it and spent it; what should I do now?

Answer:

It is incumbent upon you to announce it, then once you have announced it two or three times a month for a whole year by saying: "To whom do these Dirhams belong which were lost in such-and-such a place?" - in public gathering places and around their doors or in the markets. Once a year has past over your announcements, it is permissible for you to keep it. And if the owner comes and identifies it by its precise description, you must give it to him, because it is the same as a trust with you, so if he comes, you must give it to him. Whoever, if you did not announce it and you used it and kept silent, you must give it in charity in order to exonerate yourself, with the intention of giving it on behalf of its owner, because you did not do the thing necessary to make it lawful to you - which is to announce it - then he will receive the reward of it, by Allaah's Permission - the Almighty, the All-Powerful - And Allaah is the Granter of success.

Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, volume 5 / page 24-25

Source: http://www.fatwaislam.com/fis/index.cfm?scn=fd&ID=434