Narrated Al-Mundhir ibn Jarir: I accompanied Jarir at Bawazij. The shepherd brought the cows. Among them there was a cow that was not one of them. Jarir asked him: What is this? He replied: This was mixed with the cows and we do not know to whom it belongs. Jarir said: Take it out. I heard the Messenger of Allah ﷺ say: No one mixes a stray animal (with his animals) but a man who strays from right path.
Hadith Referenceسنن ابي داود / كتاب اللقطة / 1720
Hadith Gradingالألبانی:صحيح المرفوع منه | زبیر علی زئی:ضعيف, إسناده ضعيف, ابن ماجه (2503), فيه علة قادحةرواه ابن ماجه من حديث أبي حيان التيمي عن الضحاك بن المنذر خال المنذر بن جرير عن المنذر بن جرير به إلخ و الضحاك مجھول الحال،و ثقه ابن حبان وحده, و روي مسلم (1735) عن زيد بن خالد الجهني رضي اللّٰه عنه عن رسول اللّٰه ﷺ قال:((من آوي ضالة فھو ضال مالم يعرّفھا)) وھو يغني عنه, انوار الصحيفه، صفحه نمبر 68
Hadith Takhrij« سنن النسائی/الکبری (5799)، سنن ابن ماجہ/اللقطة 1 (2503)، ( تحفة الأشراف :3233)، وقد أخرجہ: مسند احمد (4/360، 362) (صحیح) » (مرفوع حصہ صحیح ہے )
1؎: "Bawazij": (In Iraq) is the name of a city near the river Tigris.
2؎: The meaning is that if someone seizes a lost animal in order to make it his own, then he is astray. As for the person who seizes it so that he may announce it and return it to its owner, then there is no harm in that, because Imam Muslim has transmitted in his Sahih the narration of Zayd bin Khalid al-Juhani radi Allahu anhu, whose wording is: «من آوى ضالة فهو ضال ما لم يعرفها» and the wording of the narration in al-Nasa'i is as follows: «من أخذ لقطة فهو ضال ما لم يعرفها» Whoever keeps a lost thing with himself is astray until he makes its announcement.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
1720. Commentary: ➊ The one who takes possession of a lost item and hides it, or assumes ownership of it, is a misguided and astray person, whereas the one who makes an announcement about it is not so. It is possible that the opinion of Jarir radi Allahu anhu was that a cow is like a camel; this animal can survive by grazing and drinking, and minor predators cannot attack it, so therefore it is better to leave it. Its owner will find it himself. ➋ Bawazij al-Anbar is a region on the upper side of Baghdad, which was conquered by Jarir radi Allahu anhu, and his freed slaves (mawali) resided there.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 1720
´It was narrated that Mundhir bin Jarir said:` “I was with my father in Bawazij and the cows came back in the evening. He saw a cow did not recognize it. He said: 'What is this?' He said: 'A cow that joined the herd.' And he issued orders that it be driven away until it disappeared from view. Then he said: 'I heard the Messenger of Allah (ﷺ) say: “No one gives refuge to a stray animal but one who is also astray.”
Maulana Ataullah Sajid
Benefits and Issues: ➊ This ruling pertains to large animals, such as camels and cows, etc. Small animals (such as sheep and goats, etc.) should be caught so that a wolf or the like in the wilderness does not eat them, as will be mentioned in the next hadith.
➋ This rebuke is for the person who catches the animal in order not to announce it, but rather to take possession of it. If he intends to search for the owner of the animal, then there is no harm. In Sahih Muslim, this hadith appears with these words: Whoever gives shelter to a stray animal is misguided, as long as he does not announce it. (Sahih Muslim, al-Luqatah, Chapter: Regarding the Lost Property of the Pilgrim, Hadith: 1725)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2503