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الفتح الربانی
Fath al-Rabbani
كتاب اللقطةBook of Lost Property
بَابُ الْإِشْهَادِ عَلَى النُّقْطَةِ وَمُدَّةِ التَّعْرِيفِ عَلَى الْيَسِيرِ والكثير منهاChapter: Witnessing over lost property and the period of announcement for little and much of it
Hadith 6245
اُردوEn
عَنْ عِيَاضِ بْنِ حِمَارٍ رَضِيَ اللَّهُ عَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ مَنْ وَجَدَ لُقَطَةً فَلْيُشْهِدْ ذَوَيْ عَدْلٍ وَلْيَحْفَظْ عِفَاصَهَا وَوِكَاءَهَا فَإِنْ جَاءَ صَاحِبُهَا فَلَا يَكْتُمْ وَهُوَ أَحَقُّ بِهَا وَإِنْ لَمْ يَجِئْ صَاحِبُهَا فَإِنَّهُ مَالُ اللَّهِ يُؤْتِيهِ مَنْ يَشَاءُ
It is narrated from Sayyiduna Iyad bin Himar (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: Whoever finds a lost item should make two just men witnesses and recognize its bag and strap. If its owner comes, he should not hide it from him, because it is his right. And if the owner is not found, then it is the property of Allah Almighty; He gives it to whomever He wills.
Brief Explanation
Benefits: … The person who picks up a lost item should appoint just witnesses. There can be three reasons for this:
(1) Later, due to the temptations of Shaytan, the thought of committing treachery may arise in the soul.
(2) There is also the risk of the person who found the lost item dying; it may happen that he dies without appointing witnesses, and then his heirs consider this item as part of his inheritance and distribute it among themselves.
(3) It is also possible that the intention is to remove the doubts of the original owner, because it may be that he has lost various items or a large quantity of something, while this person has found only one item or a smaller quantity. In such a case, the owner may accuse him of treachery. By acting upon this command of the Shari‘ah, one can be saved from all such doubts and suspicions.
(1) Later, due to the temptations of Shaytan, the thought of committing treachery may arise in the soul.
(2) There is also the risk of the person who found the lost item dying; it may happen that he dies without appointing witnesses, and then his heirs consider this item as part of his inheritance and distribute it among themselves.
(3) It is also possible that the intention is to remove the doubts of the original owner, because it may be that he has lost various items or a large quantity of something, while this person has found only one item or a smaller quantity. In such a case, the owner may accuse him of treachery. By acting upon this command of the Shari‘ah, one can be saved from all such doubts and suspicions.
