The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No. 2200- If it is announced for a year or it is kept in the allocated place for lost properties and the owner does not show up, he (the finder) may choose between the following four options:1- Keep it for himself with the intention that whenever its owner shows up he may return it to him, or give its substitute if the same property is no longer available.2- Keep it for the owner as a trust (amānah).3- Give it as ṣadaqa in the way of Allah on behalf of its owner.4- Give it to the Mujtahid. However, the recommended precaution is to give it as ṣadaqa or to hand it over to the Mujtahid.

Issue No. 2201- If after announcing for one year, the owner of the property does not show up, in case he keeps it as a trust for its owner and it perishes, he will not be responsible for the loss if he has not been negligent or extravagant in looking after it. However, if he gives it as ṣadaqa on behalf of the owner and if the owner turns up and does not give consent to the giving of it as ṣadaqa, he should give its replacement.

Issue No. 2202- If a minor finds a property, his legal guardian should, as an obligatory precaution, make an announcement and if its owner does not show up after having announced for a year, he should act according to one of the four options mentioned while taking into consideration the child’s interest.

Issue No. 2203- If during the year in which a person has been making an announcement (about the lost property which had been found), the property perishes, he is not responsible, unless he has been negligent or extravagant in looking after it.

Issue No. 2204- If a person finds a property and picks it up under the impression that it is his own property, but realizes later that it is not his, he cannot leave it there. In fact, he should act according to the foregoing ruling and make an announcement for a year. And if he moves it with his foot, it does not have the aforesaid ruling, though doing such is problematic.

Issue No. 2205- The announcement for the lost thing should be made in such a way that its signs do not become clear, and if a person comes forward and claims that it is his property and also mentions certain signs of identification by which he may become sure that it belongs to him, it should be given to him. However, it is not necessary to mention the signs of which mostly even the owners do not take notice.

Issue No. 2206- If the value of a property one finds is one dirham or more, and if he does not make an announcement about it, but leaves it in the mosque or at places of public gathering, and it perishes or somebody picks it up, the person who found it first will be responsible.

Issue No. 2207- If a person finds something which decays if left as it is, like most foods and fruits, he should keep it as long as it does not decay, then he should appraise it and consume it himself or sell it and keep the money with him. And if its owner is not found, he should give it as alms on his behalf, and if he has access to a Mujtahid, he should, as a recommended precaution, get his permission.

Issue No. 2208- If the thing one has found is with him at the time of performing wuḍū and offering prayer, there is no harm in it if his intention is to look after it in this way so that he could act about it in accordance with sharia (Islamic law).

Issue No. 2209- If a pair of shoes of a person is taken away and is replaced by another pair and the person who has lost his shoes knows that the shoes left behind belong to the person who has taken his shoes and this has been done intentionally and he has no access to that person, he can take the shoes left behind for himself, and if he has access to the Mujtahid or his representative, he should get his permission. And in case the value of the shoes left behind is more than that of his own shoes, he should give the price difference to the owner of the shoes, and if he has no hope of finding that person, he should give it as ṣadaqa on his behalf. However, if he is certain or considers it probable that the shoes left do not belong to the person who has taken his shoes, in case he has no hope in finding the owner, he should give the shoes as ṣadaqa.

Issue No. 2210- If one places the property he has found which is worth less than one dirham in the mosque or some other place and relinquishes its possession, if another person picks it up, it will be halal for him.

Issue No. 2211- In cases that a lost property is given as ṣadaqa on behalf of its owner, it can be given to a sayyid or a non-sayyid, and in case the finder himself is needy he can keep it for himself.