Muslim

Hadith Commentary: Benefits and Issues:
From this hadith, it is understood that one should not pick up items dropped or lost by pilgrims, so that they themselves may retrieve them. Generally, pilgrims carry with them only those items which they need, and thus they quickly become aware of anything lost. Nowadays, there is even a department established in the Haram for this purpose, where lost items can be deposited, and people do refer to it.

However, if such an item is found in a place where, if not picked up, there is a likelihood of it being lost or wasted, then it should be picked up with the intention of publicizing it, not with the intention of ownership—because it is not known to which country its owner belongs, whether he will ever be able to come for Hajj again, or whether, after publicizing, it will be possible for him to come to me. Rather, it should be picked up solely with the intention of publicizing it.

According to the opinion of Imam Shafi’i, its announcement must always be made, and it cannot be used for personal benefit. One narration from Imam Ahmad is also the same. However, according to the well-known opinion, in his view, there is no difference between the Haram (Makkah) and outside the Haram (non-Makkah). The position of Imam Abu Hanifah and Imam Malik is also the same. This is also narrated from Ibn Umar, Ibn Abbas, and Aisha (radi Allahu anhum). For details, see (al-Mughni, vol. 8, pp. 315-316).

In any case, it is best to pick it up, announce its loss, and hand it over to the department responsible for safeguarding lost items. If it is found on an airplane, then it should be announced immediately.

1719. English Commentary: The preferred opinion is that pilgrims should not pick up lost items in the sacred precinct (Haram), so that the sanctity of this city remains established and preserved in its broader sense. However, if there is a risk that the item will be lost, then there is a concession to pick it up. This is as mentioned in the marfu‘ (attributed to the Prophet sallallahu alayhi wa sallam) hadiths from Abu Hurairah and Ibn Abbas radi Allahu anhuma in the two Sahihs. See: (Sahih al-Bukhari, al-Luqatah, Hadith: 2433, 2434 and Sahih Muslim, al-Luqatah, Hadith: 1724). And it is necessary to make frequent and widespread announcements about it. It is possible that the item belongs to a pilgrim from distant lands, and it is not known whether he will ever have the opportunity to return here. Al-Allamah Ibn al-Qayyim rahimahullah also states that since the pilgrims return to their regions very quickly, it is not possible to announce the lost item for an entire year. Therefore, it is better not to pick up the item, but if it is picked up, then announcements should be made very quickly and repeatedly.