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Hadith 802
اُردوEn
وعن عياض بن حمار رضي الله تعالى عنه قال : قال رسول الله صلى الله عليه وآله وسلم : « من وجد لقطة فليشهد ذوي عدل وليحفظ عفاصها ووكاءها ثم لا يكتم ولا يغيب فإن جاء ربها فهو أحق بها وإلا فهو مال الله يؤتيه من يشاء ». رواه أحمد والأربعة إلا الترمذي وصححه ابن خزيمة وابن الجارود وابن حبان.
Narrated Iyad bin Himar (RA): Allah's Messenger (ﷺ) said: "He who finds something should call two trusty people as witnesses, keep in mind what it is contained in, and what it is tied with, and not conceal it or cover it up. Then, if its owner comes, he has the most right to it. Otherwise, it is Allah's property which He gives to whomever He wills." [Reported by Ahmad and al-Arba'a excluding Tirmidhi. Ibn Khuzaimah, Ibn al-Jarud and Ibn Hibban graded it Sahih (authentic)].
Related hadith on this topic
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، اللقطة، باب التعريف باللقطة، حديث:1709، وابن ماجه، اللقطة، حديث:2505، والنسائي في الكبرٰي كما في تحفة الأشراف:11013، وأحمد:4 /162، 266، وابن حبان(الموارد)، حديث:1169.»©
Explanation:
According to this hadith, when lost property (luqatah) is found, it is obligatory to appoint witnesses at that time. However, according to Imam Shafi'i rahimahullah, it is recommended (mustahabb). The major benefit of this is that, God forbid, if two people come one after the other and claim ownership of it, and both provide signs and identifying marks, then to whom should it be given? To avoid such disputes, it is necessary to appoint witnesses, because only the actual owner will be able to provide complete and accurate identifying marks. And by returning it in the presence of witnesses, this dispute can be resolved.
© Hadith Narrator:
«حضرت عیاض بن حمار رضی اللہ عنہ » The letter ‘Ayn’ in ‘Iyad’ and the letter ‘Ha’ in ‘Himar’ have a kasrah (i.e., are pronounced with an ‘i’ sound) underneath. He is a well-known Companion (sahabi). He is attributed as Tamimi Mujashi‘i. He made Basra his place of residence and remained alive until the end of the fiftieth year of Hijrah.
«أخرجه أبوداود، اللقطة، باب التعريف باللقطة، حديث:1709، وابن ماجه، اللقطة، حديث:2505، والنسائي في الكبرٰي كما في تحفة الأشراف:11013، وأحمد:4 /162، 266، وابن حبان(الموارد)، حديث:1169.»©
Explanation:
According to this hadith, when lost property (luqatah) is found, it is obligatory to appoint witnesses at that time. However, according to Imam Shafi'i rahimahullah, it is recommended (mustahabb). The major benefit of this is that, God forbid, if two people come one after the other and claim ownership of it, and both provide signs and identifying marks, then to whom should it be given? To avoid such disputes, it is necessary to appoint witnesses, because only the actual owner will be able to provide complete and accurate identifying marks. And by returning it in the presence of witnesses, this dispute can be resolved.
© Hadith Narrator:
«حضرت عیاض بن حمار رضی اللہ عنہ » The letter ‘Ayn’ in ‘Iyad’ and the letter ‘Ha’ in ‘Himar’ have a kasrah (i.e., are pronounced with an ‘i’ sound) underneath. He is a well-known Companion (sahabi). He is attributed as Tamimi Mujashi‘i. He made Basra his place of residence and remained alive until the end of the fiftieth year of Hijrah.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 802
Shaykh Umar Farooq Saeedi
1709. Commentary: Appointing witnesses is neither obligatory nor always possible. However, it is the most preferred course so that a person may be protected from the incitement of Satan and so that the whispering of becoming the owner of the property does not arise in his heart. Through this, one can also be saved from several other evils, such as the heirs refusing to pay it, or someone accusing him regarding the amount of wealth.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 1709
Maulana Ataullah Sajid
Benefits and Issues:
➊
The benefit of appointing witnesses is that later on, no person can come and claim that this item actually belonged to him but was mishandled, for example:
He describes all the identifying features of the pouch, and when the pouch is given to him, he says that some of the money has been taken out of it. In such a case, the witnesses will refute his claim by testifying that the amount of money was exactly as stated.
➋
“It is the wealth of Allah” means that Allah Ta’ala has now granted this wealth to this person, and (after one year)
it has become permissible for him to use it.
➌
Honesty holds fundamental importance in Islam.
Returning a lost item to its owner is a manifestation of honesty.
In this, there is also goodwill towards others and avoidance of unlawful or doubtful sustenance.
All these qualities are essential for a believer.
➊
The benefit of appointing witnesses is that later on, no person can come and claim that this item actually belonged to him but was mishandled, for example:
He describes all the identifying features of the pouch, and when the pouch is given to him, he says that some of the money has been taken out of it. In such a case, the witnesses will refute his claim by testifying that the amount of money was exactly as stated.
➋
“It is the wealth of Allah” means that Allah Ta’ala has now granted this wealth to this person, and (after one year)
it has become permissible for him to use it.
➌
Honesty holds fundamental importance in Islam.
Returning a lost item to its owner is a manifestation of honesty.
In this, there is also goodwill towards others and avoidance of unlawful or doubtful sustenance.
All these qualities are essential for a believer.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2505
