Hadith 804

وعن المقدام بن معد يكرب رضي الله عنه قال : قال رسول الله صلى الله عليه وآله وسلم : « ألا لا يحل ذو ناب من السباع ولا الحمار الأهلي ولا اللقطة من مال معاهد إلا أن يستغني عنها ». رواه أبو داود.
Narrated al-Miqdam bin Ma'dikarib (RA): Allah's Messenger (ﷺ) said: "A beast of prey with a fang, a domestic donkey, and a lost item from the property of a Mu'ahid (a disbeliever who has been given a covenant) - unless it is something worthless - are not lawful." [Reported by Abu Dawud].
Hadith Reference بلوغ المرام / 804
Hadith Grading محدثین: صحيح
Hadith Takhrij «أخرجه أبوداود، الأطعمة، باب ما جاء في أكل السباع، حديث:3804.»
Related hadith on this topic
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الأطعمة، باب ما جاء في أكل السباع، حديث:3804.»©

Explanation:
Since a mu‘ahid (a non-Muslim under a treaty) comes into the Islamic state with formal permission and remains peaceful, therefore, the responsibility for his life and property lies with the Islamic government. For this reason, there is no distinction made between his lost property (luqatah) and that of a Muslim. However, if it is something considered trivial according to common custom, then it is permitted.

© Hadith Narrator:
«حضرت مقدام رضی اللہ عنہ » Miqdam — the “mim” in Miqdam has a kasrah underneath.

Miqdam ibn Ma‘dikarib ibn ‘Amr al-Kindi (the “kaf” in Karib has a fathah, and the “ra” has a kasrah underneath; due to the genitive construction, it is permissible for the “ba” to have a kasrah with tanwin, and due to being mabni, it is also permissible for it to have a fathah).

His kunyah was Abu Karima or Abu Yahya.

He was a well-known Companion (sahabi).

He settled in al-Sham (Greater Syria), so the narrators of the hadiths he transmitted are also from al-Sham.

According to the correct opinion, he passed away in 47 AH.

At that time, he was 91 years old.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 804
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: This narration is weak in its chain of transmission.
However, regarding the horse, see: (Ahadith 3788 and 3790).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3806
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: When it is not permissible to pick up the lost property of a disbeliever, then, all the more so, it is prohibited to pick up the property of a Muslim.
However, if it is something insignificant, such that its owner has no hope or desire for it, then that is a different matter.
Similarly, it may be picked up with the intention of making an announcement (to find the owner).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3804
Maulana Ataullah Sajid
Benefits and Issues:
From this it is understood that just as other prohibited items are permanently forbidden, in the same way the (domesticated) donkey is also forbidden, as in hadith 3196 it has been declared "impure."
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 3193