What should we do when we find an object or money that is lost?

I found a silver necklace on the road. I did not declare that I found it. If I give the equivalent of the money to the poor on behalf of its owner, will my responsibility be relieved?

Dear Brother / Sister,

The things that are founds are called "luqata" in the Islamic law. A person who finds and picks it is called "laqit" and "multaqit".

The main purpose and idea of taking something that is found is to protect the rights of its owner. For, an attempt toward the lost property of a believer is in question here. For, as the Quran puts it, believers help one another.1 This necessitates protecting the rights of a believing Muslim.

Therefore, in the issue of laqita, which is explained in detailed in fiqh books, the person who finds and takes something that is lost picks it and keeps it with the intention of "finding its real owner and giving it to him." Otherwise, he does not take it for himself. These are the decrees mentioned in fiqh books.2

In general, the decree regarding the picking and protecting something that is found changes based on the place and the situation. These decrees are as follows:

1. It is mandub to pick and keep something found that is likely to be destroyed/lost if it is left there with the intention of giving it to the owner.

2. It is wajib to pick and keep something found that is feared to be destroyed/lost.

3. It is haram (forbidden) to pick and use something found that is known to be sought by its owner.3

Lost goods are divided into two parts in fiqh books. The first part is important and valuable ones. The second one is unimportant and worthless ones, which are called "tafih". Tafih is generally described as follows: goods that are not generally sought after by their owners; for instance, an ordinary comb. The following is stated in the book Istılâhât-ı Fıkhiyye Kamusu regarding the issue:

"In some villages, Ears of grain, fruits, shells, hulls, pods, seeds that are left in the countryside, fields, orchards and that are not commonly sought by their owners, are luqata; they are called tafih (lost goods)."4

Therefore, according to some imams, there is no need to declare tafih goods (worth less than one dinar) that are found. Anyone who finds it can use it. If the owner comes and claims it, he has to give it to the owner.

The first thing anyone who finds something valuable to do is to make others witness that you have found such a thing and determine its features in full detail. The necessity of such a determination is deduced from the following hadith of the Messenger of Allah (pbuh):

Ubayy bin Ka'b narrates:

"Once, I found a purse containing one hundred dinars. So I went to the Prophet. He said, "Announce about it for one year" I did so. Nobody claimed it. I went to the Prophet again. He asked me to announce about it for one year again. I went to him for the third time because I could not find its owner. The Messenger of Allah (pbuh) said,  

"Determine the purse, the amount of the money in it and its string tying it very well. If its owner comes, give it to him. If not, use it."5

A person can make others witness about something that is found by saying, "I have found something lost" or "I have something that I have found; if you see someone looking for it, tell him to see me." After that, the issue of declaration is in question. In fiqh books, the announcement period is accepted as a year. During this one year, it is announced at different intervals in streets, markets, mosque doors and places where people are found together for a year.6

If a person who finds an object declares it appropriately and waits for a reasonable time based on its value and if the owner does not come, he distributes it to the poor on behalf of its owner. If he is poor, he can use it himself. However, if its owner comes later, he must pay its price to the owner.

By the way, we should mention the following issue: If a person has entered into a dar al-harb country with permission and finds something that is lost there, the most appropriate thing to do is to announce it there. Four, their goods are haram for him. Ömer Nasuhi Bilmen states that Shafiis hold the same view and reports the following view:

"If a person has entered into a dar al-harb country with permission and there are other Muslims there, it is luqata (lost property)."7

That is, the decrees that are applied for luqata (lost property) are applied for it.

Footnotes:

1. at-Tawba, 9/71.
2. Ö.N. Bilmen, Büyük İslâm İlmihali, p. 452.
3. Istılahat-ı Fıkhiyye Kamusu, VII/244.
4. ibid, VII/242.
5. Bukhari , Luqata: 1.
6. Istılahat-ı Fıkhıyye Kamusu, VII/248.
7. ibid. VII/264.

(Mehmed Paksu, Meseleler ve Çözümleri - 1)

Questions on Islam