Lost property found (luqatah), fiqh rulings

Luqatah, in lexicon, is a thing found lying and taken up; in law it is property lost by its owner and picked up by another, or a thing found lying and taken as a trust ¹. It differs from the foundling, since the foundling is a human child and the luqatah is not ².

For the Hanafis, picking up a found thing is recommended if the finder is safe in keeping it and can announce it; otherwise leaving it is better, and taking it for oneself is forbidden; taking it is obligatory where it would be lost ¹. For the Malikis, a finder who knows himself to be dishonest sins; one who fears temptation is disliked. The Shafi'is prefer taking it when trusted; Ahmad prefers leaving it, on the report of Ibn Abbas and Ibn Umar and on the hadith that a Muslim's stray is a coal of fire ^{1 3}.

The Hanafis, the Shafi'is in the sounder view and the Hanbalis allow picking up by anyone, whether bound by the law or not, sane or not, while the Hanafis exclude the insane; Malik restricts it to a free adult Muslim, excluding slaves, dhimmis and children, since the found thing is a trust and a guardianship ^{3 4}. A guardian who picks it up for his ward must announce it ^{4 5}.

Calling witnesses at the taking is recommended for the Malikis, Shafi'is and Hanbalis, and obligatory for the Hanafis, on the hadith: whoever finds a found thing must call a just witness ⁴. Announcing it is required by the Hanafis, Malikis, Shafi'is and Hanbalis, on the report of Ubayy ibn Ka'b about a purse of a hundred dinars ⁵. It is announced by day, where it was found and at mosque doors after the prayers, but not inside the mosque ⁶.

Malik, al-Shafi'i and Ahmad hold a found thing is announced for a year, without distinguishing little from much; Abu Hanifa distinguishes, announcing less than ten dirhams for days and ten or more for a year ⁶. The announcements are frequent at the start of the year, then weekly, then monthly, since the owner seeks it most then ⁷.

Expenses incurred on a thing needing upkeep, with the judge's leave, become a debt on its owner; without it the three imams hold the finder a volunteer ^{7 8}. A fee may be paid if the owner set one, on the verse of the story of Joseph and the hadith of the ruqyah; a finder who picked it up before the fee was set has no claim to it ^{9 10}.

The finder's hand over the thing during the year is a trust, so he may not trade in it; if he does, he is liable ^{11 12}. Most jurists allow the finder to take it after a year of announcement, on the hadith: whoever finds a found thing shall call a just witness... and if its owner does not come, it is God's property, which He gives to whom He wills; Abu Hanifa allows taking it only if the finder is poor ^{13 11}.

If the finder took the thing with witnesses it is held in trust during the year, and if it perishes without his fault there is no liability; if he admits taking it for himself, he is liable; if he destroys it or it perishes through his neglect, he is liable ^{7 8}. If he returns it to its place, Abu Hanifa and Malik hold him free of liability if he took it to keep for its owner ^{8 13}.

To return it the owner must describe it with marks such as the purse, the tie, the number and the weight; the Malikis and Hanbalis compel the finder to hand it over on the description, and the Hanafis and Shafi'is hold he is not compelled without proof, though the Hanafis allow handing it over on the description and the Shafi'is when the finder's conviction is strong ^{14 15}.

Most jurists see no difference between a found thing in the lawful land and in the sanctuary; the Shafi'is hold that a found thing in the sanctuary is announced forever ¹⁵. A found thing in the land of war is announced in the land of Islam ¹⁵. A found thing carries no zakat on its owner while he has lost it, and the finder pays zakat on it if he took it for himself ^{15 2}.

Where the owner has shown that he has given up his property, as with furniture in a rubbish heap or ears of grain fallen at harvest or a whip on the road, the thing may be taken and owned without announcement ⁹.