Islamic Ruling on Lost Property

Author: Dr. Muhammad Zia-ur-Rahman Azmi (Rahimahullah)

Question:

I found a valuable gold item in the middle of a large city, sold it, and gave the proceeds in charity with the intention of returning the amount to its owner if they are found and are not satisfied with this action. Is this course of action sinful?

Answer:

It is obligatory upon you and anyone who finds a valuable item to follow these guidelines:

1. Announcing the Lost Item:

  • The finder must announce the lost item at public gathering places at least two or three times a month.
  • If the owner identifies and claims the item, it should be returned to them.
  • If after one year the item remains unclaimed, it becomes the property of the person who found it, as instructed by the Prophet ﷺ.

2. Items Found in the Sacred Mosque (Haram):

  • If the item is found within the precincts of the Haram in Makkah or Madinah, the finder cannot take possession of it, even after a year.
  • The item should be continuously announced until the owner is found, or it should be handed over to the responsible authorities in the Haram for safekeeping.
The Prophet ﷺ said:

"It is not permissible to pick up lost items in the Haram except for the purpose of announcing them."
[Sahih Bukhari, Hadith No. 112; Sahih Muslim, Hadith No. 1355/448]

The Prophet ﷺ also said:

"Just as Ibrahim (AS) declared Makkah a sanctuary, I have declared Madinah a sanctuary."
[Sahih Bukhari, Hadith No. 2129; Sahih Muslim, Hadith No. 1360/454]

3. Items of Negligible Value:

If the item found is of insignificant value (e.g., a rope, a shoe strap, or a small amount of money), no public announcement is necessary. The finder can either:
  • Utilize the item for personal benefit, or
  • Give it in charity on behalf of the owner.

4. Exception for Animals:

Certain animals, such as camels or other large animals capable of protecting themselves from small predators (e.g., wolves), should not be captured or taken into possession.

A person once asked the Prophet ﷺ about finding a lost camel, and he replied:

"Leave it alone. It has its water supply (stomach) and footwear (hooves) with it. It can find water and eat leaves until it reunites with its owner."
[Sahih Bukhari, Hadith No. 2372; Sahih Muslim, Hadith No. 1722/1]

Conclusion:

  • Since you sold the item and gave its value in charity, it is not inherently sinful, but if the owner is found and demands the item or its monetary equivalent, you are obliged to compensate them.
  • Ensure that future cases follow the prescribed method, which includes announcing the item and waiting for one year before taking ownership or any other action.
[Ibn Baz: Majmu’ Al-Fatawa wa Al-Maqalat: 429/19]
 
Back
Top