Author: Dr. Muhammad Zia-ur-Rahman Azmi (رحمہ اللہ)
① Announcement Period:
If the person announces the item for one full year and the owner does not come forward, the item becomes lawful (halal) for them and is included in their ownership. They are then permitted to use or dispose of it as they wish.
② Owner Comes Forward Later:
If, during the year or even after its completion, the rightful owner comes forward and can accurately describe the lost item by its distinguishing characteristics, it becomes obligatory to return it to them.
③ Before the Year Passes:
It is impermissible to use or dispose of the lost property before the completion of one year. The person must safeguard it responsibly during this period.
④ Perishable Items or Costly Maintenance:
If the item is something that will not last for a year (e.g., certain perishable food items) or its maintenance requires high expenses, the finder is permitted to sell the item to avoid losses. In fact, doing so becomes necessary in such cases. However, the finder must document or announce their actions.
⑤ When the Owner Appears:
If the owner eventually comes forward, the finder should inform them about the actions taken, such as selling or using the item to prevent its loss or degradation.
⑥ After the Year:
Once a year has passed and the owner has not been found, the item becomes the finder's property. They may use or dispose of it freely. However, if the owner later comes forward, the finder must either return a similar item or mutually agree upon compensation.
Reference: [Ibn Uthaymeen: Noor ‘Ala al-Darb, 1/245]
Ruling on Lost Property When the Owner Cannot Be Found After Efforts
If a person picks up a lost item with the intention of announcing it and making efforts to return it to its rightful owner, the following guidelines apply:① Announcement Period:
If the person announces the item for one full year and the owner does not come forward, the item becomes lawful (halal) for them and is included in their ownership. They are then permitted to use or dispose of it as they wish.
② Owner Comes Forward Later:
If, during the year or even after its completion, the rightful owner comes forward and can accurately describe the lost item by its distinguishing characteristics, it becomes obligatory to return it to them.
③ Before the Year Passes:
It is impermissible to use or dispose of the lost property before the completion of one year. The person must safeguard it responsibly during this period.
④ Perishable Items or Costly Maintenance:
If the item is something that will not last for a year (e.g., certain perishable food items) or its maintenance requires high expenses, the finder is permitted to sell the item to avoid losses. In fact, doing so becomes necessary in such cases. However, the finder must document or announce their actions.
⑤ When the Owner Appears:
If the owner eventually comes forward, the finder should inform them about the actions taken, such as selling or using the item to prevent its loss or degradation.
⑥ After the Year:
Once a year has passed and the owner has not been found, the item becomes the finder's property. They may use or dispose of it freely. However, if the owner later comes forward, the finder must either return a similar item or mutually agree upon compensation.
Reference: [Ibn Uthaymeen: Noor ‘Ala al-Darb, 1/245]