Whoever finds a lost item should announce its container and its tie, and if its owner comes, he should hand it over to him.
لقطه refers to a lost item that is found lying on the road, or whose owner is missing. From the verb الْتَقَطَ يَلْتَقِطُ (form VIII) and لَقَط يَلْقُطُ (form I), meaning “to pick up from the ground.” اللقط and لقيط: “the thing that is picked up.”
[Al-Munjid: p. 799, Lisan al-Arab: 311/12]
This word is also used in the Quran, as in a verse:
فَالْتَقَطَهُ آلُ فِرْعَوْنَ [Al-Qasas: 8]
“The family of Pharaoh picked him up.”
The following evidences are sufficient for its legitimacy:
➊ Allah the Exalted says:
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَىٰ [Al-Ma’idah: 2]
“Cooperate with one another in righteousness and piety.”
➋ The Prophet ﷺ said:
والله فى عون العبد ما كان العبد فى عون أخيه
“Allah remains in the aid of the servant as long as the servant remains in the aid of his brother.”
[Muslim: 2699, Kitab al-Dhikr wa al-Du’a: Chapter on the virtue of gathering to recite the Quran and to remember Allah, Tuhfat al-Ashraf: 375/9]
The container in which the lost item is found, whether it is made of leather or cloth.
The thread or tie with which the mouth of a bag and the like is fastened.
[Nayl al-Awtar: 47/4, Fath al-Bari: 365/5]
➊ Hadrat Iyad ibn Himar (may Allah be pleased with him) narrates that the Messenger of Allah ﷺ said:
من وجد لقطة فليشهد ذوى عدل أو ليحفظ عفاصها وو كاء ها فإن جآء صاحبها فلا يكتم فهو أحق بها وإن لم يحىٔ صاحبها فهو مال الله يؤتيه من يشاء
“Whoever finds a lost item should take two just witnesses, or he should safeguard its container and its tie.
If its owner comes, he should not conceal anything from him, for he has the greater right to it. And if its owner does not come, it is the property of Allah, which He gives to whomever He wills.”
[Sahih: Sahih Abu Dawud: 1503, Kitab al-Luqatah: Chapter on announcing the lost item, Abu Dawud: 1709, Ahmad: 266/4, Ibn Majah: 2505, Mawarid al-Dhaman: 1169, Musnad al-Tayalisi: 1081, Tabarani al-Kabir: 358/17, Mushkil al-Athar: 207/4, Sharh Ma’ani al-Athar: 136/4, Bayhaqi: 187/6, Ibn al-Jarud: 671]
➋ Hadrat Zayd ibn Khalid (may Allah be pleased with him) says that the Messenger of Allah ﷺ was asked about picking up lost gold and silver. He ﷺ said: Announce its tie and its container for one year. If its owner is not found, use it, but it will remain a trust with you. If its owner comes (during your lifetime) at any time, you must return it.
Then he ﷺ was asked about a lost camel. He ﷺ said: Leave it, for it has its hoof and its waterskin (i.e., the place where water is stored). It will go to the watering place and eat from the trees until its owner finds it.
Then he ﷺ was asked about a sheep. He ﷺ said: “Take it, for it is only for you, or for your brother, or for the wolf.”
[Bukhari: 2429, Kitab al-Luqatah: Chapter on what to do if the owner of the lost item is not found after a year, then it belongs to the one who found it, Muslim: 1346, Abu Dawud: 1704, Tirmidhi: 1372, Ibn Majah: 2504, Musnad al-Shafi’i: 137/2, Ahmad: 115/4, Sharh Ma’ani al-Athar: 134/4, Daraqutni: 235/4, Bayhaqi: 185, Abd al-Razzaq: 130/10, Humaydi: 357/2, Sharh al-Sunnah: 438/4]
➌ Hadrat Ubayy ibn Ka’b (may Allah be pleased with him) narrates that the Prophet ﷺ said regarding a lost item:
عرفها فإن جآء أحد يخبرك بعدتها ووعائها وو كائها فأعطها إياه وإلا فاستمتع بها
“Announce it. If someone comes and informs you of its quantity, its container and its tie, give it to him; otherwise, benefit from it.”
[Bukhari: 2437, Kitab al-Luqatah: Chapter on whether one should take a lost item or leave it, Muslim: 1723, Abu Dawud: 1701, Tirmidhi: 1374, Ibn Majah: 2506, Ahmad: 126/5, Minhat al-Ma’bud: 279/1, Bayhaqi: 186/6]
It is established that the one who picks up a lost item should return it to the person who describes the aforementioned signs, even if no proof is provided.
[Nayl al-Awtar: 50/4]
Otherwise, he should keep announcing it for a year, and after that it is permissible for him to use it, even if he spends it on himself; but when the owner comes, he will be liable for it.
The previous hadiths are also evidence on this issue, such as the hadith with these words:
فإن جاء طالبهـا يـومـا من الدهر فأدها إليه
“If the one seeking it comes at any time during his life, it must be returned to him.”
[Bukhari: 2428]
(Majority) Announcing it after a year is not obligatory.
[Nayl al-Awtar: 50/4, al-Rawdah al-Nadiyah: 527/2]
However, the following hadith appears to contradict the position of the majority:
Hadrat Ubayy ibn Ka’b (may Allah be pleased with him) says that he found a bag containing one hundred dinars, so he came to the Messenger of Allah ﷺ, and he ﷺ said:
عرفها حولا
“Announce it for one year.”
I did so, but when I could not find anyone who knew it, I came back to him ﷺ. He ﷺ ordered me again to announce it for a year. When I still found no one, I went to him ﷺ a third time, and he ﷺ said:
احفظ وعاء ها وعددها ووكـائهـا فـإن جآء صاحبها وإلا فاستمتع بها
“Safeguard its container, its count and its tie. If its owner comes, then well and good; otherwise, benefit from it.”
[Bukhari: 2426, Kitab al-Luqatah: Chapter on when the owner of the lost item describes the sign, it is handed to him]
Scholars differ regarding this narration.
(Ibn Hazm) Adding to one year is incorrect.
[Al-Muhalla bil-Athar: 118/7]
(Ibn al-Jawzi) What is clear to me is that Salamah (the narrator) made a mistake in it; therefore, it is established that he announced it only for one year.
[Fath al-Bari: 79/5]
(Mundhiri) None of the imams issued a fatwa for announcing it for three years.
[Nayl al-Awtar: 49/4]
Some scholars have reconciled it by saying that announcing it for more than one year is a sign of additional piety, not an obligation.
[al-Rawdah al-Nadiyah: 527/2]
Can a wealthy person use a lost item?
(Majority) It is permissible for both the wealthy and the poor to spend the lost item on themselves after announcing it, due to the generality of the evidences.
[For further detail see: al-Umm of al-Shafi’i: 72/4, Hilyat al-Ulama: 530/5, Badai al-Sanai: 202/6, al-Mabsut: 5/11, al-Kafi: p. 426, al-Kharshi: 123/7, al-Mughni: 300/8, Kashshaf al-Qina’: 224/4, Fath al-Allam: p. 497]
The lost item of Makkah requires extensive announcement.
Hadrat Abu Hurayrah (may Allah be pleased with him) narrates that the Messenger of Allah ﷺ said:
أنها لا تحل لقطة مكه إلا لمعرف
And in another narration these words are found:
ولا تحل ساقطتها إلا لمنشد
“Picking up a lost item in Makkah is permissible only for the one who announces it.”
[Bukhari: 2434, Kitab al-Luqatah: Chapter on how the lost item of the people of Makkah is announced, Muslim: 1355]
(Majority) The one who picks up a lost item in Makkah will always announce it.
(Hanafis) There is no significant difference between the rulings on a lost item in the Haram and in other areas.
[Nayl al-Awtar: 52/4, Fath al-Bari: 374/5]
(Preferred) The position of the majority is preferred, because the previous hadith establishes this.
After announcing it three times, there is no harm in using low-value lost items, such as a stick, a whip, and the like.
➊ Hadrat Jabir (may Allah be pleased with him) says:
رخص لنا رسول الله فى العصا والسوط والحبل وأشباهه يلتقطه الرجل ينتفع به
“The Messenger of Allah ﷺ permitted us regarding a stick, a whip, a rope and the like (insignificant items) that a man picks up and benefits from.”
[Da’if: Da’if Abu Dawud: 377, Kitab al-Luqatah: Chapter on announcing the lost item, Abu Dawud: 1717]
➋ Hadrat Ali (may Allah be pleased with him) found a dinar in the market, and the Prophet ﷺ said to him:
عرفه ثلاثا
“Announce it three times.”
He did so, but no owner came, so the Prophet ﷺ said: كله “Eat it yourself.”
[Abd al-Razzaq: 142/10, 18637]
➌ Hadrat Ya’la ibn Murrah (may Allah be pleased with him) narrates that the Messenger of Allah ﷺ said: “Whoever picks up a low-value (insignificant) item, such as a rope, a dirham, or something similar, then:
فليعرفها ثلاثا
“He should announce it three times.”
And if the item is somewhat more valuable than that, he should announce it for six days.”
[Ahmad: 173/4, Tabarani al-Kabir: 273/22, Bayhaqi: 195/6]
Imam al-Shawkani writes that the above statement concerns items that cannot be eaten; items that can be eaten may be used even without announcement (as is established by the following evidences).
[Nayl al-Awtar: 45/4]
➊ Hadrat Anas (may Allah be pleased with him) narrates that the Messenger of Allah ﷺ saw a date (fallen) on the road and said:
لولا أني أخاف أن تكون من الصدقة لأكلتها
“If I did not fear that it might be from charity, I would have eaten it.”
[Bukhari: 2431, Kitab al-Luqatah: Chapter on when one finds a date on the road, Muslim: 1071, Ahmad: 174/3, Abu Dawud: 1651, Minhat al-Ma’bud: 177/1, Sharh Ma’ani al-Athar: 9/2, al-Hilyah li-Abi Nu’aym: 252/6, Bayhaqi: 195/6, Abu Ya’la: 245/5, Ibn Hibban: 3693]
➋ Hadrat Maymunah (may Allah be pleased with her) saw a (fallen) date, picked it up and ate it, and said:
لا يحب الله الفساد
“Allah does not like corruption.”
[Ibn Abi Shaybah: 416/4, 21652]
(Ibn Hajar) If she had ignored it and no one else had picked it up, it would have rotted where it lay (so she picked up the date and ate it).
[Fath al-Bari: 371/5]
Lost animals other than the camel may be taken.
➊ The Messenger of Allah ﷺ forbade taking a camel, and then regarding a sheep he said:
خذها فإنما هي لك أو لأخيك أو للذئب
“Take it, for it is only for you, or for your brother, or for the wolf.”
[Bukhari: 2428, Kitab fi al-Luqatah: Chapter on the lost sheep]
➋ Hadrat Zayd ibn Khalid (may Allah be pleased with him) narrates that the Messenger of Allah ﷺ said:
من آوى ضالة فهو ضال ما لم يعرفها
“Whoever picks up any lost item is astray unless he announces it.”
[Muslim: 1725, Kitab al-Luqatah: Chapter on the lost item of a pilgrim, Abu Dawud: 1720, Ahmad: 460, Ibn Majah: 2503]
It should be noted that the word ضالة may also be applied to a sheep and to other things.
Nawab Siddiq Hasan Khan writes that since the other animals are like the sheep, they are included in the same ruling.
[al-Rawdah al-Nadiyah: 529/2]
The prohibition of picking up a camel and the like can also be derived from the statement of the Messenger of Allah ﷺ:
مالك ولها؟ دعها
“What is it to you? Leave it.”
[For further detail see: al-Umm: 84/4, Fath al-Wahhab: 262/1, Badai al-Sanai: 200/6, al-Mabsut: 10/11, al-Kafi: p. 427, al-Kharshi: 127/7, al-Mughni: 343/8, Kashshaf al-Qina’: 210/4, Fath al-Allam: p. 497, Subul al-Salam: 126/3]
❀ Animals that can protect themselves from small predators, such as the camel, horse, cow, flying birds, or leopard, and the like, may not be taken by anyone except the ruler and his deputy.
[Nayl al-Awtar: 35/4, al-Rawdah al-Nadiyah: 529/2]
