Bukhari

Hadith Commentary:
(1)
Regarding a lost item, the position of Imam Awza‘i rahimahullah is that if it is of minor value, its discovery should be announced, and if it is of great value, it should be deposited in the Bayt al-Mal (public treasury). Imam Bukhari rahimahullah is opposed to this position, holding that under no circumstances should a lost item be deposited in the Bayt al-Mal; rather, the finder should announce it himself.

(2)
It is possible that Imam Bukhari rahimahullah holds the view that it is not necessary to hand over a lost item to the ruling authority; rather, people should themselves find a solution for it. If they consider it appropriate that the government can make a better announcement, then the item may be handed over to the government; however, it is not correct to compel someone to hand it over to the government. In any case, wherever a lost item is found, announcements should be made in the markets of that place, at the doors of mosques, in public gatherings, and at public places such as hospitals, railway stations, general bus stands, grounds, etc., in such a manner that whoever has lost something may come and take it after providing identifying marks.

Hadith Commentary:
It is established from Yahya’s second narration that this phrase—“it will be with him as a trust”—is included in the hadith.
Imam Muslim and Isma‘ili have narrated it.
The meaning of “trust” (amanah) is that when its owner comes, it is obligatory upon the finder to return this property.
If a goat is found, it is also necessary to search for its owner.
As long as the owner is not found, the finder should keep it with himself and may drink its milk, because he will also be spending on feeding it.

Hadith Commentary:
(1)
A goat that becomes separated from the flock and finds no way to rejoin it, nor is there any trace of its owner, such a goat is in need of protection; otherwise, some wolf-like human or an actual wolf will seize it, and thus it will be lost. Its discovery should also be announced, and until its owner is found, the one who finds it should keep it with himself and may drink its milk, etc., because he has arranged for its fodder. Nowadays, there are animal shelters (kanji house) for stray animals; such animals should be taken there, and the established procedures should be followed accordingly.

(2)
The narrator of the hadith says:
“This property will be a trust (amanah).”
Regarding this phrase, it is not known whether it is the statement of the Messenger of Allah (sallallahu alayhi wa sallam) or an addition from the respected Shaykh Yazid, but according to the narration of Sahih Muslim, this phrase is part of the hadith and is the statement of the Messenger of Allah (sallallahu alayhi wa sallam).
(Sahih Muslim, al-Luqatah, Hadith: 4502(1722))
However, it is such a trust (amanah) from which benefit may be derived; further clarification of this will follow.

Explanation:
A lost item is called "luqatah." In this hadith, its ruling has been explained. The reason for the anger of the Prophet (sallallahu alayhi wa sallam) was that the question regarding the camel was pointless, since it is not an animal that is easily destroyed. It can find its own fodder and water in the wilderness, so capturing it is unnecessary. Its owner, while searching, will eventually reach it himself. However, there is an immediate risk of a goat perishing, so it should be taken into custody. Then, when the owner comes, it should be handed over to him. It is understood from this that a teacher’s displeasure at inappropriate questions from students is justified. It also becomes clear that students should consider the importance of a question themselves before asking it. The answer of the Prophet (sallallahu alayhi wa sallam) regarding the camel was in view of the circumstances of that time, but the environment of today is evident.

Hadith Commentary:
1.
In this hadith, the anger of the Messenger of Allah (sallallahu alayhi wa sallam) is mentioned.
The reason for this was that asking about the camel was itself a pointless and irrelevant question.
Because the purpose of picking up a lost item (luqatah) and keeping it safe is to prevent the property from being lost, but there is no fear of a camel being lost such that it would need to be taken into protection.
A camel cannot die from hunger, thirst, or exhaustion.
It has a water skin with it and can survive for several days without drinking water; Allah, the Exalted, has made its neck so high that it can eat the leaves of tall trees.
It does not get tired while walking because it has a shoe on its foot.
It is so strong that it cannot become the prey of any animal.
In such circumstances, what is the benefit of taking it? If the questioner had reflected, he would not have asked about it, because its owner, while searching for it, would himself reach it.
However, if a camel is seen in a place where bandits or thieves reside, or in a location where there are ferocious beasts, then in such a situation there is a fear that if it is not taken, some wild animal may tear it apart or it may fall prey to some mischief-maker, and the owner would be deprived of it. In such circumstances, it should be taken.
The answer of the Prophet (sallallahu alayhi wa sallam) regarding the camel was in view of the environment of the Prophetic era, but nowadays the environment has greatly deteriorated.
From this, it is also understood that the teacher’s anger at inappropriate questions from students is justified, so students should themselves consider the importance of a question before asking it.
2.
There are two ways to benefit from lost property after announcing it:
(a)
If the one who picks it up is wealthy, he should give it as charity (sadaqah) to a needy person and earn reward.
(b)
If he himself is poor, then he should spend it on himself as charity on behalf of the owner.
In both cases, the intention should be that if the owner comes and does not approve of the charity, then upon his demand, its value will be paid to him.
From this, it is understood that the one who picks up a lost item does not become its owner, but rather becomes a trustee (amin) of that property on behalf of the owner.
And the principle of trust is that it must be returned to the owner upon his demand.
Other related issues will be discussed in the Book of Luqatah.

Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) became displeased because the questioner’s inquiry was out of place. There was no need for him to ask about the camel, since there was no danger there of a thief capturing it or a predatory animal eating it.

(2)
It should be noted that the aforementioned statement of the Messenger of Allah (sallallahu alayhi wa sallam) regarding the camel was in accordance with the peaceful circumstances of that time. However, nowadays the situation has completely changed; thieves and bandits roam the streets and alleys openly. In such circumstances, if a camel is left untied, it will fall into their hands. Therefore, a lost camel should be tied up until its owner comes and takes it safely.
And Allah knows best.

Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) forbade the capturing of a stray camel because it does not fear hunger or thirst.
It can go by itself to rivers, springs, and rainwater channels and drink water from there; there is no one to prevent it.
After all, Allah, the Exalted, has created this abundant water for humans and animals, and there is no owner of this water except Allah.
When it is established that animals are permitted to drink from these streams and channels, then humans—who are in even greater need—are, a fortiori, permitted as well.
In any case, the water of natural springs, rivers, and streams is not reserved for anyone, and there is no need to seek anyone’s permission to drink from them.
(2)
Nowadays, cattle pens have been established for the protection of such animals; stray animals are taken there.
If a stray animal remains in the cattle pen for several days, its owner will pay the expenses for its fodder, water, etc., and then retrieve it from there.

Hadith Commentary:

Amr ibn Abbas narrated to us, he said that Abdur Rahman ibn Mahdi narrated to us, he said Sufyan narrated to us, from Rabi’ah, from the freed slave of Munba’ith, Yazid, and from Anas, from Zayd ibn Khalid al-Juhani radi Allahu anhu, that a Bedouin came to the service of the Prophet sallallahu alayhi wa sallam.

And he asked you (the Prophet) about picking up something found on the road.

You sallallahu alayhi wa sallam said to him: Announce it for a year.

Then keep in mind the construction of its container and its binding.

If someone comes who describes its signs precisely (then return the property to him).

Otherwise, spend it on your own needs.

The Companion asked: O Messenger of Allah! What should be done about a goat whose owner is unknown? You sallallahu alayhi wa sallam said: It will either be yours, or it will reach your brother (the owner), or it will become the prey of a wolf.

The Companions then asked: And what about a camel that has lost its way? At this, the blessed face of the Messenger sallallahu alayhi wa sallam changed color.

You sallallahu alayhi wa sallam said: What concern do you have with it? It has its own hooves (with which it will walk).

It has its water-skin; it will reach water by itself.

And it will eat the leaves of the trees by itself.

Hadith Commentary:
(1)
The camel is called the "ship of the desert."
Camels are very skilled regarding routes.
In case they get lost, generally, they reach home on some day or another; for this reason, the Messenger of Allah (sallallahu alayhi wa sallam) said:
There is no need to catch it.
It will graze among the bushes of the wilderness and drink water from some spring, until its owner finds it.
(2)
From this, it is understood that such animals which can protect themselves from small predators, for example:
Camels, horses, cows, and oxen, etc., or flying birds—it is not permissible to catch them.
(3)
According to our inclination, the ruling mentioned in the hadith is for the wilderness.
If a camel is found in a settlement, then it should be caught so that the wealth of a Muslim is not lost, and so that it does not itself damage anyone’s crops. Furthermore, by not catching it, it is possible that it may fall into the hands of a thief or bandit.
In the present era, there is no security anywhere; thieves and bandits roam everywhere. On this basis, wherever a brother’s lost animal is found, it should be caught for the purpose of protection, or it should be delivered to the government-established pound (kanji house).
The owner should also contact the pound (kanji house) regarding his lost animal.

Hadith Commentary:
So if its owner comes, meaning if its owner comes, then hand it over to him.
As is explicitly stated in a narration of Imam Ahmad, al-Tirmidhi, and al-Nasa’i, that if a person comes who can accurately describe its count, its pouch, and its binding, then it should be given to him.
It is understood from this that the property should be given to the one who correctly identifies it.
There is no particular need for a witness.
In this narration, there is mention of announcing it for two years.
And in the following ahadith, only one year is mentioned.
And all the scholars have now adopted this (one year), and the ruling of the narration mentioning two years has been interpreted as an act of piety and precaution.
Thus, if cautious individuals do not use it for their entire lives and, in the end, give it away as charity (sadaqah) and thereby dispose of it, then it would indeed be most appropriate to call this “light upon light” (nur ‘ala nur).

Hadith Commentary:
(1)
In this hadith, “You have the choice” means that it will be permissible for you to dispose of it, but when its owner is found, it will be obligatory to return the item or its equivalent.

(2)
Islam has given great protection to lost and found items.
Those who pick them up are only permitted to do so on the condition that they strive to return them to their original owner.
They must never, ever pick them up in order to appropriate them for themselves.
Some of the imams hold the view that if someone finds a goat lost in the wilderness and, after making it known, slaughters and eats it, then there will be no liability upon him, because the Messenger of Allah (sallallahu alayhi wa sallam) said:
“It is yours, or your brother’s, or it is destined for the wolf.”
If the wolf eats it, then there is no liability for that, but this position is not weighty, because the Messenger of Allah (sallallahu alayhi wa sallam) did not consider the wolf to be its owner.
It is explicitly stated in Sunan Abi Dawud that the Messenger of Allah (sallallahu alayhi wa sallam) said:
“If its seeker is found, then give it to him. If he is not found, then recognize its bag, its purse, and its tie, then use it. After that, if the owner is found, then return it to him.”
(Sunan Abi Dawud, al-Luqatah, Hadith: 1707, 1706)
According to this hadith, in both cases—before and after permission to consume—it is commanded to return it.
(Fath al-Bari: 5/106)

Chapter of Sahih al-Bukhari Hadith No. 5292: «بَابُ حُكْمِ الْمَفْقُودِ فِي أَهْلِهِ وَمَالِهِ:»
Relevance between the Chapter Heading and the Hadith:
Imam al-Bukhari rahimahullah has mentioned three narrations in the chapter heading:
➊ The first narration is from Ibn al-Musayyib,
➋ the second from Sayyiduna Ibn Mas'ud radi Allahu anhu,
➌ and the third from Sayyiduna Ibn Abbas radi Allahu anhuma.
The relevance of all three to the chapter heading is apparent, and Imam al-Bukhari rahimahullah’s inclination is also evident—that he holds the view that the waiting period (‘iddah) for the wife of a missing person (mafqood) is one year. However, regarding the hadith mentioned under the chapter, firstly, it does not mention the missing husband, and secondly, it is also possible that Imam al-Bukhari rahimahullah intends to differentiate between family (ahl) and wealth (maal), because the Noble Prophet sallallahu alayhi wa sallam has given separate rulings in the case of a lost camel and a lost sheep. Accordingly, Imam Qastallani rahimahullah, while explaining the relevance between the chapter heading and the hadith, writes:
«مطابقة الحديث للترجمة من جهة أن الضالة كالمفقود فكما لم يزل ملك المالك فيها فكذلك يجب أن يكون النكاح باقياً بينهما.»
“The correspondence between the chapter heading and the hadith is such that a lost item holds the ruling of a missing person (mafqood); just as a lost item always remains in the ownership of its owner, in the same way, the marriage of a missing person remains established with his wife (until definite news about her husband is received).”

Hafiz Ibn Hajar rahimahullah, while discussing the above hadith in detail, states:
«وأراد المصنف بذكره ههنا الاشارة الي ان التصرف فى مال الغير اذا غاب جائز ما لم يكن المال مما لا يخشي ضياعه كما دل عليه التفصيل بين الابل و الغنم.»
“That is, Imam al-Bukhari rahimahullah, by mentioning this hadith, is indicating that it is permissible to dispose of the property of another when he is absent, and as long as there is fear of the property being lost, as is indicated by the distinction made between the camel and the sheep.”

From the statement of Hafiz Ibn Hajar al-Asqalani rahimahullah, it becomes clear why Imam al-Bukhari rahimahullah has presented the hadith of the camel and the sheep under this chapter. In fact, at this point, he wants to clarify that just as, if a sheep is lost, whoever finds it may use it, similarly, a woman whose husband is missing and has disappeared may remarry after her waiting period (‘iddah). The case of such a woman is likened to that of the sheep. And a woman whose husband is missing, but news of him is later received, and she does not fear loss for herself, then her case will be like that of the camel, because after the husband’s return, she will remain in his marriage.

Accordingly, Ibn al-Munir rahimahullah writes:
“When the narrations (athar) are in conflict with the hadiths, then in this matter, it is obligatory to act upon the marfu‘ hadith. Therefore, in the hadith, the disposal of the lost sheep is permitted when the death of its owner is confirmed; this will be applied to every missing person, even though the lost camel should not be taken because it manages itself. Thus, it would be required that, similarly, if a man is missing, his wife should not remarry until news of his death is received. Thus, the principle is: for everything for which there is fear of loss, its disposal is permissible.”

Therefore, the summary is that the hadith mentioned by Imam al-Bukhari rahimahullah under the chapter is an indication that the ruling for the property of the missing person (mafqood) will be like that of the sheep, and the ruling for his family (wife) will be like that of the camel. This is because, just as the sheep is not independent and there is a risk of its loss, similarly, there is a risk of loss with property, so after one year it should be distributed. And just as the camel is independent and there is no risk of its loss—it manages its own food, etc.—similarly, regarding the wife, there is no risk of loss, so she will be likened to the camel.

Hadith Commentary:
That is, there is no need to restrain the camel, nor does it require anyone’s help or protection in eating and drinking, nor is there any fear of a wolf.
The relevance of this hadith to the chapter heading is difficult to establish.
Some have said that from this hadith it is derived that it is not permissible to dispose of another’s property unless there is a fear of its loss; thus, similarly, it is not permissible to dispose of the matter of a missing person’s wife until the death of her husband is established.
I (Waheed al-Zaman, rahimahullah) say: This analogy is not correct, and it is authentically narrated with sound chains from Umar, Uthman, Ibn Umar, Ibn Abbas, Ibn Mas’ud, and numerous other Companions (radi Allahu anhum)—as extracted by Sa’id ibn Mansur and ‘Abd al-Razzaq—that the wife of a missing person should wait for four years.
If no news of him is found during this period, then his wife may contract another marriage, and a group of the Tabi’in such as Ibrahim al-Nakha’i, ‘Ata’, al-Zuhri, Mak’hul, and al-Sha’bi have also held this view. Imam Ahmad and Ishaq said that there is no fixed period for this.
The period is for one who is lost in battle or at sea. The Hanafis and Shafi’is have said that the wife of a missing person should not remarry until it becomes clear whether her husband is alive or dead, and the Hanafis have set this period at ninety years, or one hundred years, or one hundred and twenty years, and have taken as evidence the marfu’ hadith that the wife of a missing person remains his wife until the matter becomes clear.
Abu ‘Ubaydah has narrated similarly from Ali (radi Allahu anhu), and ‘Abd al-Razzaq from Ibn Mas’ud (radi Allahu anhu), but the marfu’ hadith is weak, and the authentic narration is mawquf. And from Ibn Mas’ud (radi Allahu anhu) there is another narration with a specified period, and the narration from Ali (radi Allahu anhu) is weak, so the correct view is the period of four years. And if the woman is treated according to the Hanafi, Shafi’i, or Hanbali schools, then this would cause her clear harm; thus, the judge may annul the marriage of the wife of a missing person if he sees that the woman is in hardship or has no one to provide her maintenance. And according to the Hanafi, Shafi’i, and Hanbali schools, perhaps there is hardly any woman in the world who would spend her entire life in chastity without a husband.
And even if, hypothetically, she did remain so, then after ninety, or one hundred, or one hundred and twenty years, when the husband’s age is presumed to have reached its limit or his contemporaries have died, the woman’s age would also likely not be less than ninety or eighty years, and to permit marriage at such an age is an excuse worse than the sin itself.
In our Shari’ah, when annulment of marriage is permissible due to lack of maintenance or impotence, then it should all the more be permissible in the case of a missing person. And it is astonishing that the Hanafis, in the case of ila’ (the oath of abstention), that is, when a man swears not to approach his wife for four months, rule that after four months one irrevocable divorce (talaq bain) falls upon the woman, but here, even after the poor woman’s entire youth is wasted, they do not show her any mercy.
They say that after the death of her contemporaries, she may remarry.
What a fine justice! Now, if the woman contracts another marriage and thereafter the state of the first husband becomes known and he is alive, then she will be the wife of the first husband, and al-Sha’bi said that the judge will separate her from the second husband, and after completing her waiting period (‘iddah), she will return to the first husband.
If the first husband dies, then she will observe the waiting period for him as well and will be his heir.
Some have said that if the first husband returns, he will have the choice: if he wishes, he may take his wife back from the second husband, or if he wishes, he may recover from her the dowry (mahr) that he gave her.
I (Waheed al-Zaman) say: If the missing person, without excuse, concealed his situation and did not arrange for his wife’s maintenance, nor left any property for her, then the analogy is that he cannot take his wife back from the second husband. But if a valid excuse is established, due to which he could not send news, and he had left property or arrangements for his wife’s maintenance, then he should have the choice: either to take his wife back, or to recover the dowry from the second husband.
And although this opinion is new and contrary to the consensus of the scholars, it is what justice demands.
And Allah knows best. (Sharh Mawlana Waheed al-Zaman)

Hadith Commentary:
(1)
From this hadith, it is evident that Imam Bukhari rahimahullah inclined to the view that the waiting period for the wife of a missing person (mufqud) can be set at one year, because the case of a missing husband is similar to that of a lost item, in that an announcement regarding him should be made through the court for a whole year.
It should be noted that the court will issue the order for a one-year waiting period only if the woman has the means to cover her expenses for that duration; otherwise, due to the absence of maintenance, the court may immediately annul the marriage.
Now, if during this period or during the waiting period (‘iddah), her husband returns, she will be reunited with her husband.
If the first husband returns after she has contracted a second marriage, then he will be deprived of his wife.

(2)
It should also be clarified that the expenses for the investigation are also the responsibility of the woman, provided she is financially capable; otherwise, the public treasury (bayt al-mal) will bear the expenses of the investigation.
If there is no bayt al-mal, then the Muslims should cooperate from their own resources for this oppressed woman and arrange for the expenses incurred in the investigation.
If the court unnecessarily prolongs the matter and the woman is no longer able to bear the patience, then a group of Muslims should investigate and issue a verdict; their verdict will be considered as that of the court.
And Allah knows best.

(3)
We also present the view of Maulana Waheed al-Zaman, which also appears worthy of consideration.
He writes:
If the missing person (mufqud) concealed his circumstances without excuse, and no arrangement was made for the court expenses, nor did he leave behind any property, then analogy demands that upon his return, he cannot reclaim his wife from the second husband. However, if a valid excuse is established due to which he could not inform, and he had arranged for his wife's expenses or left behind reasonable property, then he should have the choice: either to take back his wife, or to collect the dower (mahr) from the second husband which he had given to his wife.

Hadith Commentary:
(1)
Although the word "trust" (amanah) does not appear in this narration, the earlier hadith has already stated that the lost property will be a trust (amanah) with the finder.
(Sahih al-Bukhari, Kitab al-Luqatah, Hadith: 2428)
There, the narrator of the hadith expressed doubt as to whether these words were from my shaykh or part of the hadith itself; I do not have complete knowledge regarding this. However, in Sahih Muslim, these words have been mentioned without any doubt or uncertainty as part of the hadith of the Messenger of Allah (sallallahu alayhi wa sallam).
(Sahih Muslim, Kitab al-Luqatah, Hadith: 4502(1722))
Furthermore, it is explicitly stated therein that if the owner and claimant of the lost property comes at any point in his life, then the item must be returned to him.

(2)
The position of Imam al-Bukhari (rahimahullah) appears to be that if the item is lost by the finder, then there will be no liability (compensation) upon him, because compensation is not required for the loss of a trust (amanah). However, if he has made use of it, then he must provide its replacement.
(Fath al-Bari: 5/114)
In this case, returning the replacement of the lost property is not an act of kindness, but rather it is included among his responsibilities and obligations.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Luqatah:
Among linguists and hadith scholars, it is well-known that the letter (qaf) carries a fatḥah (zabar), but generally it is pronounced with a sukun (sakin). It refers to a lost or found item.

(2)
‘Ifās:
The container or pouch in which money is kept; a binding, a string for tying.

(3)
Fa sha’naka bihā:
Then do as you wish; act as you please. The meaning is: you may use it, as will be mentioned in the following narration.

(4)
Laka, aw li’akhīka:
That is, you may take it, because a goat is a weak animal, unable to defend or protect itself. Therefore, it is in need of a guardian; otherwise, someone else will take it.

(5)
Faḍāllah:
Refers to a lost animal. Lost or fallen property is called luqatah, not ḍāllah.

(6)
Mā laka walahā:
You have no concern with it. It can protect and defend itself, and can graze without a guardian. It stores enough water in its belly to quench its thirst for several days, which is why it is called its water-skin (saqā mashkīzah), or it can reach a water source on its own and, by the strength of its own legs, can travel long distances. There is no danger from wolves and the like. Therefore, you do not need to take it; its owner will find it himself.

Hadith Commentary: Benefits and Issues: Announcing it for a year:
The announcement and publicizing will be done in such places and gatherings where people assemble, and from this hadith, the majority have deduced that it is necessary to make the announcement for a full year.
However, if the found item is insignificant, of no importance, and the owner does not care about it, then there is no need to announce it; it can be benefited from. According to Ibn Qudamah, there is consensus on this.
According to Imam Malik and Imam Abu Hanifah, for any item for which the hand is not cut off in theft, its announcement is not obligatory.
According to Imam Malik, its amount is a quarter dinar, and according to Imam Abu Hanifah, ten dirhams.
(al-Mughni, vol. 8, p. 296)
And for such an item for which the owner continues to search and seek, its announcement is necessary, and after a year, if the owner does not come, then after fully identifying the item, the one who picked it up may, if he wishes, spend it.
If it is something that can be kept, and later if the owner comes, he must provide him with his item. This proves that only such property can be kept.
Whether the one who picks it up is wealthy or needy, according to the hadith, there is no difference in this regard.
This is the view of Imam Ahmad, Shafi’i, Ishaq, Sha’bi, Nakha’i, Ikrimah, Tawus, and others.
This is also narrated from Ali, Umar, A’ishah, Ibn Mas’ud, and Ibn Abbas (radi Allahu anhum).
However, according to Imam Malik and Imam Abu Hanifah, he should give it in charity, and if later the owner comes, he should inform him; if the owner is pleased with the charity, that is fine, otherwise he must pay compensation in its place.
According to Imam Abu Hanifah, if the finder is poor, then he may use it.
(al-Mughni, vol. 8, p. 299)
So the Messenger of Allah (sallallahu alayhi wa sallam) became angry:
The reason for your (sallallahu alayhi wa sallam) anger is either that he did not use reason and wisdom, for only such an item should be picked up for which there is a risk of loss, and in that era, the camel was such an animal for which there was no risk of loss.
But nowadays, there is also a risk that it may fall into the hands of those who would usurp it, or the reason for the anger is that in that era, the loss of a camel was not likely, so the question was inappropriate and out of place.

Explanation:
1:
By "shoe" is meant the camel's foot, and by "waterskin" is meant its belly, in which it stores enough water for several days' needs at once and does not feel the need to drink water repeatedly. Unlike a goat, it does not fear wolves and the like; it is able to defend itself, and therefore there is no need to catch and tie it up.

Explanation:
1:
In both narrations of the chapter, mention is made of announcing for one year, while in the last hadith of the chapter, three years are mentioned. This depends on the property and circumstances, or one year is obligatory and three years are recommended (mustahabb) and an act of piety (wara‘). The difference in these narrations is not a contradiction such that one should be considered abrogating (nasikh) and the other abrogated (mansukh). The manner of announcing is that it should be proclaimed in the market and gatherings where there is a crowd of people, that the lost item can be claimed by describing its identifying features. If someone gives its identifying features, then no further identification or witnesses are required; without hesitation, the item should be handed over to him.

2:
The evidence for this is the hadith of Abu Hurairah radi Allahu anhu, in which the Prophet sallallahu alayhi wa sallam said:
«إني لأنقلب إلى أهلي فأجد التمرة ساقطة على فراشي فأرفعها لآكلها ثم أخشى أن تكون صدقة فألقيها».
(That is:
Sometimes I enter my house and find a date lying there. I wish to eat it, but then I think that perhaps it is from charity (sadaqah) or zakat, so I throw it away.) From this it is established that he intended to eat it without making any announcement regarding it.

1706. Commentary: This ruling applies not only to picking up lost property, but also to animals such as goats; that is, if such an animal has been consumed, then upon the arrival of its owner, it is obligatory to pay its price or provide a replacement.

Benefits and Issues:

➊
It is not permissible to take possession of a lost camel because it is not dependent on anyone for its protection and care.

➋
The statement that its shoes are with it means that it can travel long distances without fear or danger; therefore, it is possible that it may return to its owner on its own or the owner may succeed in finding it.

➌
Its water-skin is with it, meaning its stomach stores water; whenever it reaches a spring, it will fill its belly with water. It does not need its owner to drink water.

➍
A goat cannot protect itself; if you do not catch it, someone else will, and if no one catches it, a wolf will eat it. Therefore, if a lost goat is found, it should be caught so that it remains safe from the wolf. And it is possible that its owner may come someday, so it can be returned to him.

➎
Luqatah (lost property) refers to a valuable item that falls from its owner due to his negligence, such as cash or a wristwatch, etc. An insignificant item whose loss is not cared about may be taken by whoever finds it.

➏
‘Ifaas refers to the pouch, wallet, or purse in which cash is kept. Wikaa refers to the string or cord with which the mouth of the pouch is tied. The purpose is that the identifying marks of the item should be remembered, so that if someone comes searching and gives the correct signs—such as the type of wallet, its color and design, approximately how much money is in it, and how much of it is in large notes—then by giving such identifying marks, it becomes certain that the lost item belongs to him, and thus it should be returned to him.

➐
After searching for the owner to a reasonable extent for one year, the obligation of announcing is fulfilled. Now, the one who found the item may use it; however, if the owner comes even later, then an equivalent item or its substitute should be given to him.

Hadith Authentication: [وأخرجه البخاري 2429، و مسلم 1722، من حديث مالك به]
Jurisprudential Explanation:
➊ If a person finds a lost item that is not insignificant, he must announce it for one year. The original owner's ownership of the item never ceases, and it is not permissible to give it in charity without his permission. If someone uses the item himself or gives it in charity, and after several years its owner comes, it is necessary to return the item to him.
➋ It is narrated from Abdullah bin Badr al-Juhani rahimahullah that he found a pouch containing eighty dinars on the road to Syria, so he mentioned it to (Sayyiduna) Umar bin al-Khattab radi Allahu anhu. Umar radi Allahu anhu said: Announce it at the doors of the mosques, and inform everyone coming from Syria about it for one year. Then, when a year has passed, you may use it. [موطأ امام مالك 2/757، 758 ح1521، وهو صحيح]
➌ Sayyiduna Ibn Umar radi Allahu anhu said to a man who had found a lost item: Continue to announce it. He said: I have already done so. He (Ibn Umar) said: I do not permit you to consume it; if you wished, you would not have picked it up. [مؤطآ امام مالك 758/2 ح1522، و سنده صحيح]

Takhrij:
«أخرجه البخاري، اللقطة، باب ضالة الإبل، حديث:2427، ومسلم، اللقطة، باب معرفة العفاص والوكاء....، حديث:1722.»©Explanation:
© Hadith Narrator:
«حضرت زید بن خالد جہنی رضی اللہ عنہ » His kunyah was Abu Abdur Rahman or Abu Talhah.
Due to residing in Madinah, he was called Madani.
He is counted among the eminent Companions (radi Allahu anhum).
On the occasion of the Conquest of Makkah, the banner of Banu Juhainah was in his hand.
He migrated to Kufa and passed away there in 68 or 78 Hijri at the age of 85.

Benefit:
In this hadith, the rulings regarding various forms of lost property have been mentioned. It should be noted that it is necessary to announce a lost item for one year. Regrettably, the Ummah has abandoned this blessed practice.