Salama bin Kuhail reported: I heard Sowaid bin Ghafala say: I went out, and also Zaid bin Suhan and Salman bin Rabi'a for Jihad, and I found a whip and took it up. They said to me: Leave it. I said: No, but I will make announcement of it and if its owner comes (then I will return that), otherwise I will use it, and I refused them. When we returned from Jihad, by a good fortune for me, I performed Pilgrimage. I came to Madinah and met Ubayy bin Ka'b, and related to him the affair of the whip and their opinion (the opinion of Zaid bin Suhan and Salman bin Rabi'a) about it (i. e. I should throw it). Thereupon he said: I found a money bag during the lifetime of Allah's Messenger (ﷺ) which contained one hundred dinars. I came to him along with it, and he said: Make an announcement of it for one year; so I announced it, but did not find anyone who could (claim it after) recognising it. I again came to him and he said: Make announcement for one year. So I made announcement of it, but I found none who could recognise it. I came to him he said: Make announcement of it for one year. I made announcement of that but did not find one who could recognise it, whereupon he said: Preserve (in your mind) its number, its bag and its strap, and if its owner comes (then return that to him), otherwise make use of it. So I made use of that. I (Shu'bah) met him (Salama bin Kuhail) after this in Makkah, and he said: I do not know whether he said three years or one year.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
It is understood that, with good intention, it is necessary to pick up any item found lying around so that it does not fall into the hands of an unworthy person.
After picking it up, it is necessary to act in accordance with the guidance of the aforementioned hadith.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2437
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
From this hadith, it is understood that picking up a lost item with good intention is better, so that it does not go to waste or fall into the hands of an unworthy person. After picking it up, one should act in accordance with the guidance of the hadith.
(2)
There is a difference of opinion among the scholars regarding this narration. Imam Ibn Hazm rahimahullah says that it is not correct to announce (the lost item) for more than one year.
(al-Muhalla li Ibn Hazm: 7/118)
Imam Ibn al-Jawzi rahimahullah says that in light of other ahadith, what has become clear to me is that the narrator Salamah ibn Kuhayl made a mistake in this, therefore it is established that Ubayy ibn Ka‘b radi Allahu anhu announced it for only one year.
(Fath al-Bari: 5/99)
Imam Mundhiri rahimahullah says that no muhaddith or jurist has given a fatwa for announcing it for three years.
(Nayl al-Awtar: 4/49)
A way to reconcile these narrations is that announcing it for one year is necessary.
If the owner is not found, then announcing it for more than one year is a sign of piety, not obligatory.
(Fath al-Bari: 5/99)
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2437
Maulana Dawood Raz
Hadith Commentary: Regarding the final words of the narration about three years or one year, Hazrat Allama Qastallani rahimahullah states:
➊ "No one has said that the lost property (luqatah) should be announced for three years, and doubt causes the doubtful matter itself to be dropped, and that is the three years. Therefore, it is obligatory to act upon what is certain, and that is the narration of one year." (Qastallani)
That is, no one has said that the lost property should be announced for three years, and due to doubt, the doubtful matter itself is dropped. Here, that is the three years. Therefore, it is obligatory to act upon what is certain, and that is for one year only.
➋ In some other narrations, mention of three years is also found.
However, that is based on further precaution and scrupulousness.
➌ If the finder is poor and needy, then after announcing for the prescribed period and not finding the owner, he may spend it on his own needs.
And if he gives it as charity to a needy person, that is even better.
➍ There is consensus among all that when the owner is found, in any case, the item must be returned to him, even if after announcing for a period, the finder has already spent it on his own needs.
These are the pure instructions of Islam regarding trust and honesty, upon which one can rightly take pride.
Even today, in the sacred land (Haram), such examples can be seen that an item is lost property (luqatah), but those who see it do not even touch it; rather, the item remains lying in its place.
I myself witnessed such incidents with my own eyes during the Hajj of 1389 AH.
Because the one who picks it up thinks, "Where will I go to announce it?"
It is better not to touch it at all.
May Allah Most High grant today’s youth the ability to understand the realities of Islam, strive to benefit from the blessing that is Islam, and adopt the path of welfare and well-being for humanity.
Hazrat Ubayy ibn Ka'b radi Allahu anhu was an Ansari from the Khazraj tribe.
He was a scribe of revelation.
And among those six fortunate companions who had memorized the entire Noble Qur’an during the lifetime of the Messenger sallallahu alayhi wa sallam, and among those jurists of Islam who were authorized to give legal verdicts during his blessed era.
Among the Companions, he was renowned as an excellent reciter of the Noble Qur’an.
The Messenger sallallahu alayhi wa sallam bestowed upon him the title "Sayyid al-Ansar" (Leader of the Helpers).
And Hazrat Umar radi Allahu anhu honored him with the title "Sayyid al-Muslimeen" (Leader of the Muslims).
He passed away in Madinah Tayyibah in 19 AH.
A great multitude has narrated traditions from him.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2426
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Regarding a lost item, some people believe that it is not permissible to pick it up because it is someone else’s property, and it is not correct to take it without their permission. According to others, it is permissible to pick it up, but it is better not to do so, as it is possible that the owner, while searching, may reach that very place. However, the general position of the hadith scholars and jurists is that it is better to pick it up than to leave it, because a lost item should not be wasted in any case, nor can it be easily appropriated.
(2)
There are two types of found items:
The first is that which is insignificant and trivial, and generally the owner does not search for it. It is permissible to pick it up and benefit from it. If the owner sees it in his hand, he can take it back.
The second type is that which is valuable and considerable wealth, regarding which it is known that its owner will certainly search for it. It should be picked up. The one who picks it up should carefully recognize its bag or wallet, count its money, and also take note of its binding or chain. He should announce it in mosques, public roads, markets, and public places, especially in the vicinity where the item was found, making thorough announcements. It is necessary to publicize it for one year. During this period, if someone comes and provides identifying marks, it should be handed over to him; otherwise, it is permissible to benefit from it as a trust. Even after this, whenever its owner is found, it is obligatory to return it to him.
(3)
At the end of the narration, there is mention of three years or one year; regarding this, the cautious position is that it is necessary to publicize it for one year. To publicize it for more than one year is a sign of greater piety and caution, but it is not obligatory. However, most hadith scholars have considered the wording of “three years” to be an error on the part of the narrator of the hadith, Salamah ibn Kuhayl. In view of other narrations, what is established is the announcement for one year, because this is someone’s property and there must be evidence for its permissibility. The Shari‘ah has permitted it with the condition that it be announced for one year. Furthermore, it should also be safeguarded so that it is not lost.
(4)
In this hadith, there is no mention of providing identifying marks; however, Imam Bukhari rahimahullah, by establishing a chapter heading, has indicated towards those narrations in which the mention of providing precise identifying marks is found. After providing identifying marks, the lost item should be handed over to the claimant; no further witnesses are required.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2426
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
That is, the command was given to make it known (announce it) for three years.
See the interpretation of this in the footnote of the previous hadith.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1374
Maulana Ataullah Sajid
Benefits and Issues:
➊ For a generally valuable item, the period for making an announcement is one year, whereas for an item of greater value, it is better to announce for a period longer than this.
➋ For an insignificant item, the loss of which is not greatly cared about, it is permissible not to make an announcement.
➌ The announcement should be made at several such places where it is expected that if the owner, in search of it, comes there, he himself will hear it, or if he has inquired from the people nearby, then someone among them, having heard the announcement, will inform him that such-and-such person's property has been lost.
➍ Nowadays, making an announcement in newspapers and on the radio is also permissible. When the owner comes, the cost of the announcement should be taken from him, and his lost money or item should be returned to him.
➎ Even after announcing for a year, if the owner does not come, then this announcement is sufficient, and the money may be used. However, if the owner comes at any time later, then the same amount should be given to him, as will be clarified in the following hadith.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2506