سنن ابن ماجه
Ibn Majah
كتاب اللقطةThe Chapters on Lost Property
بَابُ : اللُّقَطَةِChapter: Lost Property
Hadith 2505
اُردوEn
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا عَبْدُ الْوَهَّابِ الثَّقَفِيُّ ، عَنْ خَالِدٍ الْحَذَّاءِ ، عَنْ أَبِي الْعَلَاءِ ، عَنْ مُطَرِّفٍ ، عَنْ عِيَاضِ بْنِ حِمَارٍ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ وَجَدَ لُقَطَةً فَلْيُشْهِدْ ذَا عَدْلٍ أَوْ ذَوَيْ عَدْلٍ ، ثُمَّ لَا يُغَيِّرْهُ وَلَا يَكْتُمْ ، فَإِنْ جَاءَ رَبُّهَا ، فَهُوَ أَحَقُّ بِهَا ، وَإِلَّا فَهُوَ مَالُ اللَّهِ يُؤْتِيهِ مَنْ يَشَاءُ " .
´It was narrated from 'Iyad bin Himar that the Messenger of Allah (ﷺ) said:` “Whoever finds lost property, let him ask one or two men of good character to witness it, then he should not alter it nor conceal it. If its owner comes along, then he has more right to it, otherwise it belongs to Allah (SWT), Who gives it to whomsoever He wills.”
Related hadith on this topic
Explanation & Benefits
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
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
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
