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الفتح الربانی
Fath al-Rabbani
كتاب اللقطةBook of Lost Property
بَابُ مَا جَاءَ فِي لُقُطَةِ مَكَةَChapter: What has been reported regarding lost property in Makkah
Hadith 6248
اُردوEn
عَنِ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَالَ فِي فَضْلِ مَكَّةَ إِنَّ هَذَا الْبَلَدَ حَرَامٌ فَذَكَرَ الْحَدِيثَ وَفِيهِ وَلَا يُنَفَّرُ صَيْدُهُ وَلَا تُلْتَقَطُ لُقَطَتُهُ إِلَّا لِمُعَرِّفٍ
It is narrated from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) on the subject of the virtues of Makkah that the Messenger of Allah (peace and blessings be upon him) said: This city is sacred. Then the narrator related the entire hadith, and among its words were: Its game should not be disturbed, nor should its lost property be picked up, except by one who will announce it.
Brief Explanation
Benefits: … The case of Makkah Mukarramah is different from other regions; in this city, the movement of people continues constantly. Among those who come with the intention of Hajj, Umrah, or visitation, some stay for a short period and others for many days, and the manner of their stay is also quite peculiar: some stay somewhere for two days, some for four days, and some spend their days moving from place to place. Furthermore, some come from very far away and some from nearby.
When the situation is such, it is better to leave a lost item at its place, because it is possible that when its owner finds out, he may return to his place or send someone to search for the item at that location. This can happen immediately or after a few days. Therefore, the lost property in this city should be left where it is. Whoever takes on the responsibility of announcing it should continue to make announcements, and for this, no time limit will be set, whereas in other regions a limit of one or three years is prescribed.
Imam Nawawi said: The meaning of this hadith is that in Makkah Mukarramah, a lost item is not lawful (halal) for a person who intends to become its owner after announcing it for a year, as is the ruling in other regions. Rather, this item will not be lawful except for the one who continues to announce it forever and does not become its owner.
When the situation is such, it is better to leave a lost item at its place, because it is possible that when its owner finds out, he may return to his place or send someone to search for the item at that location. This can happen immediately or after a few days. Therefore, the lost property in this city should be left where it is. Whoever takes on the responsibility of announcing it should continue to make announcements, and for this, no time limit will be set, whereas in other regions a limit of one or three years is prescribed.
Imam Nawawi said: The meaning of this hadith is that in Makkah Mukarramah, a lost item is not lawful (halal) for a person who intends to become its owner after announcing it for a year, as is the ruling in other regions. Rather, this item will not be lawful except for the one who continues to announce it forever and does not become its owner.
