Narrated Al-Miqdam ibn Madikarib: The Prophet ﷺ said: Beware, the fanged beast of prey is not lawful, nor the domestic asses, nor the find from the property of a man with whom treaty has been concluded, except that he did not need it. If anyone is a guest of people who provide no hospitality for him, he is entitled to take from them the equivalent of the hospitality due to him.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: When it is not permissible to pick up the lost property of a disbeliever, then, all the more so, it is prohibited to pick up the property of a Muslim.
However, if it is something insignificant, such that its owner has no hope or desire for it, then that is a different matter.
Similarly, it may be picked up with the intention of making an announcement (to find the owner).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3804
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: This narration is weak in its chain of transmission.
However, regarding the horse, see: (Ahadith 3788 and 3790).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3806
Maulana Ataullah Sajid
Benefits and Issues:
From this it is understood that just as other prohibited items are permanently forbidden, in the same way the (domesticated) donkey is also forbidden, as in hadith 3196 it has been declared "impure."
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 3193
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الأطعمة، باب ما جاء في أكل السباع، حديث:3804.»©
Explanation:
Since a mu‘ahid (a non-Muslim under a treaty) comes into the Islamic state with formal permission and remains peaceful, therefore, the responsibility for his life and property lies with the Islamic government. For this reason, there is no distinction made between his lost property (luqatah) and that of a Muslim. However, if it is something considered trivial according to common custom, then it is permitted.
© Hadith Narrator:
«حضرت مقدام رضی اللہ عنہ » Miqdam — the “mim” in Miqdam has a kasrah underneath.
Miqdam ibn Ma‘dikarib ibn ‘Amr al-Kindi (the “kaf” in Karib has a fathah, and the “ra” has a kasrah underneath; due to the genitive construction, it is permissible for the “ba” to have a kasrah with tanwin, and due to being mabni, it is also permissible for it to have a fathah).
His kunyah was Abu Karima or Abu Yahya.
He was a well-known Companion (sahabi).
He settled in al-Sham (Greater Syria), so the narrators of the hadiths he transmitted are also from al-Sham.
According to the correct opinion, he passed away in 47 AH.
At that time, he was 91 years old.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 804