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الفتح الربانی
Fath al-Rabbani
كتاب اللقطةBook of Lost Property
بَابٌ جَامِعٌ لَآدَابِ النُّقْطَةِ وَأَحْكَامِهَاA comprehensive chapter on the etiquettes and rulings of lost property
Hadith 6235
اُردوEn
عَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ أَبِيهِ عَنْ جَدِّهِ رَضِيَ اللَّهُ عَنْهُ قَالَ سَمِعْتُ رَجُلًا مِنْ مُزَيْنَةَ يَسْأَلُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَالَ يَا رَسُولَ اللَّهِ جِئْتُ أَسْأَلُكَ عَنِ الضَّالَّةِ مِنَ الْإِبِلِ قَالَ مَعَهَا حِذَاؤُهَا وَسِقَاؤُهَا تَأْكُلُ الشَّجَرَ وَتَرِدُ الْمَاءَ فَدَعْهَا حَتَّى يَأْتِيَهَا بَاغِيهَا قَالَ الضَّالَةُ مِنَ الْغَنَمِ قَالَ لَكَ أَوْ لِأَخِيكَ أَوْ لِلذِّئْبِ تَجْمَعُهَا حَتَّى يَأْتِيَهَا بَاغِيهَا قَالَ الْحَرِيسَةُ الَّتِي تُوجَدُ فِي مَرَاتِعِهَا قَالَ بِهَا ثَمَنُهَا مَرَّتَيْنِ وَضَرْبُ نَكَالٍ وَمَا أُخِذَ مِنْ عَطَنِهِ فَفِيهِ الْقَطْعُ إِذَا بَلَغَ ثَمَنَ الْمِجَنِّ قَالَ يَا رَسُولَ اللَّهِ فَالثِّمَارُ وَمَا أُخِذَ مِنْهَا فِي أَكْمَامِهَا قَالَ مَنْ أَخَذَ بِفَمِهِ وَلَمْ يَتَّخِذْ خُبْنَةً فَلَيْسَ عَلَيْهِ شَيْءٌ وَمَنِ احْتَمَلَ عَلَيْهِ ثَمَنُهُ مَرَّتَيْنِ وَضَرْبًا وَنَكَالًا وَمَا أَخَذَ مِنْ أَجْرَانِهِ فَفِيهِ الْقَطْعُ إِذَا بَلَغَ مَا يُؤْخَذُ مِنْ ذَلِكَ ثَمَنَ الْمِجَنِّ قَالَ يَا رَسُولَ اللَّهِ وَاللُّقْطَةُ نَجِدُهَا فِي سَبِيلِ الْعَامِرَةِ قَالَ عَرِّفْهَا حَوْلًا فَإِنْ وَجَدَ بَاغِيهَا فَأَدِّهَا إِلَيْهِ وَإِلَّا فَهِيَ لَكَ قَالَ مَا يُؤْخَذُ فِي الْخَرِبِ الْعَادِيِّ قَالَ فِيهِ وَفِي الرِّكَازِ الْخُمُسُ
It is narrated from Sayyiduna Abdullah bin Amr bin Aas (may Allah be pleased with them both) that a man asked the Messenger of Allah (peace and blessings be upon him): O Messenger of Allah! I have come to you to ask about the ruling regarding a lost camel. The Messenger of Allah (peace and blessings be upon him) said: Since its shoe and water-bag are with it, it will graze from the trees and drink water until its owner finds it, so leave it. He said: What is the ruling regarding a lost goat? The Messenger of Allah (peace and blessings be upon him) said: It is for you, or for your brother, or for the wolf, so keep it with you until its seeker comes. He said: What is the ruling regarding a goat that has been stolen from the pasture? The Messenger of Allah (peace and blessings be upon him) said: Double its price will be taken and punishment will also be given, and whatever is stolen from the camel enclosure and its price is equal to the price of a shield, then the hand will be cut off for it. He said: O Messenger of Allah! What is the ruling regarding fruit, and also what is the ruling regarding fruit that is eaten from the buds? The Messenger of Allah (peace and blessings be upon him) said: Whoever eats it there (in the garden) and does not take it away in his garment, there will be no harm upon him, but whoever takes the fruit away, he will have to pay double its price and will also be punished, but whatever is taken from protected places (like threshing floors) and its price is equal to the price of a shield, then the hand will be cut off for it. He said: O Messenger of Allah! What is the ruling regarding something found lying on the public road? The Messenger of Allah (peace and blessings be upon him) said: Announce it for a year, if its searching owner is found, give it to him, otherwise it will become yours. He said: What about something found in an abandoned ancient place? The Messenger of Allah (peace and blessings be upon him) said: In that and in buried treasure, one-fifth is due.
Brief Explanation
Benefits: … “The camel has its shoe and its water-skin with it.” This means that it can walk long distances and can survive for several days without drinking water.
“The ancient place that has become deserted”—this refers to a location that was once inhabited but has now become desolate, and anything found there cannot be returned to its owner.
From these blessed ahadith, it is understood that a lost item should be announced for one year; if the owner is found, then that is well and good. Otherwise, the person may use it, but the original owner’s right remains intact. Whenever he meets the owner, he must return the item to him. In the next chapter, there is mention of three years; for reconciliation and combination of the narrations, refer to the next chapter. The details of the other rulings mentioned in the last hadith are explained at their respective places.
“The ancient place that has become deserted”—this refers to a location that was once inhabited but has now become desolate, and anything found there cannot be returned to its owner.
From these blessed ahadith, it is understood that a lost item should be announced for one year; if the owner is found, then that is well and good. Otherwise, the person may use it, but the original owner’s right remains intact. Whenever he meets the owner, he must return the item to him. In the next chapter, there is mention of three years; for reconciliation and combination of the narrations, refer to the next chapter. The details of the other rulings mentioned in the last hadith are explained at their respective places.
