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1374. Suwaid bin Ghafalah said: "I went out with Zaid bin Ṣūḥān and Salmān bin Rabī'ah, and found a whip." In his narration Ibn Numair (one of the narrators) said: "I found a lost whip and took it. They said: 'Leave it.' I said: 'I will not leave it to be eaten by the predators. I will take it to make use of it.' So I met up with Ubayy bin Ka'b and asked him about that. So he narrated the Hadīth, he said: 'That is fine. I found a sack containing one hundred Dīnār during the lifetime of the Messenger of Allāh ﷺ' He said: 'So I brought it to him. He said to me: "Make a public announcement about it for one year." So I
bin Ka'b found a sack with one hundred Dīnār in it. The Messenger of Allāh ﷺ ordered him to announce it, then use it, and Ubayy had a lot of wealth, he was one of the wealthy Companions of the Messenger of Allāh. So the Messenger of Allāh ﷺ ordered him to announce it, but he did not find anyone to claim it. So the Prophet ﷺ told him to use it. If the lost item was not lawful except for the one that charity is lawful for, then it would not be lawful for 'Ali bin Abī Tālib. While 'Ali bin Abī Tālib found some Dīnār during the time of the Messenger of Allāh ﷺ and announced it, but he did not find anyone to claim it. So the Prophet ﷺ told him to use it. Charity was not lawful for 'Ali bin Abī Tālib. (Sahih)
When the lost item was of little value, some of the people of knowledge allowed using it without announcing it. Some of them said when it is less than a Dīnār then it is to be announced on Friday, this is the view of Ishāq bin Ibrāhīm.
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Commentary
If the lost property is able to be secured or preserved, like an animal or handsome amount of money, and there is ample chance of its spoilage or misuse if not picked up or taken in custody, in such circumstances, it can be picked up and kept in custody. Sincere efforts should be made to find the owner, and it should be announced for the period of one full year. After the search of one year, the money can be used by the person who found it, no matter whether he is rich or poor. If later on the owner of the property is found, it must be returned to him.
the stray sheep?' He said: 'Take it, for it is either for you, your brother, or the wolf.' He said: 'O Messenger of Allāh! What about the stray camel?'" He said: "Then the Prophet ﷺ got angry until his cheeks became red or his face became red. He said: 'What concern is it of yours? It has its feet and its water reserve until it reaches its owner.'" (Sahih)
There are narrations on this topic from Ubayy bin Ka'b, 'Abdullāh bin 'Umar, Al-Jārūd bin Al-Mu'allā, 'Iyāḏ bin Hīmār, and Jarīr bin 'Abdullāh. The Ḥadīth of Zaid bin Khālid is a Ḥasan Ṣaḥīḥ Ḥadīth, it has been reported from him through more than one route.
This is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others. They permitted using the lost item when one announces it for a year and does not find who it belongs to. This is the view of Ash-Shāfi'i, Aḥmad, and Iṣhāq.
Some of the people of knowledge among the Companions of the Prophet ﷺ and others said that he announces it for one year, then either its owner comes or he gives it in charity. This is the view of Sufyān Ath-Thawri, 'Abdullāh bin Al-Mubārak, and it is the view of the people of Al-Kūfah. They did not think that the holder of the lost item should use it if he is wealthy. Ash-Shāfi'i said he can use it even if he is wealthy, because during the time of the Messenger of Allāh ﷺ, Ubayy
possible that the mistake is from someone other than Abū Ḥamzah.
(Another chain) from Ibn Abī Mulaikah from the Prophet ﷺ, and it is similar to the (last) narration of Abū Bakr bin 'Ayyāsh (above).
Most of the people of knowledge said that preemption only takes place in homes and lands, they did not think that preemption was for everything. Some of the people of knowledge said that preemption was for everything. But the first view is more correct.
It is correct and proven that on all types of immovable property, the right of preemption is applicable, and movable property is exempt. According to Imām 'Aṭā, the right of preemption is applicable to all types of property. Imām Mālik also supports this point of view. According to Imām Aḥmad, among the movable property, the right of preemption is applicable only on animals, and all other types of property are exempt.
