Islamic Fiqh > Endowments (waqf) and property > Luqata: the lost item found > Lost property in someone's hands whose owner offers a reward for its return
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Updated on 25 September 2026 at 6:57 PM
This part belongs to the full section: All sections of this part.
The majority of jurists (the Malikis, the Hanbalis and the Shafi'is) hold that if a person finds another's lost property or stray, and its owner offers a reward to whoever finds it, he is not entitled to it, for returning it is obligatory upon him.
Al-Hattab said (may Allah have mercy on him): it is stated in an-Nawadir, in the chapter on ju'ala and hire: the ju'ala is only permitted for searching for a slave whose whereabouts are unknown. As for one who finds a runaway, a stray or clothes, it is not permissible for him to take a reward for returning them or for pointing to their location; rather that is obligatory upon him (Mawahib al-Jalil, 7/453-454).
Al-Tusuli said (may Allah have mercy on him) in al-Bahja, the commentary on al-Tuhfa: if someone's property is stolen or lost, and its owner commits himself the same day to paying a named reward to the bearer of the good news (al-mubashshir), such a commitment is permitted and judgment is given for the bearer on two conditions: that the commitment was made before the stolen or lost property existed, and that its location is unknown. Whoever finds the runaway or the stolen property, or knows their location, then comes to the owner asking him to commit to a reward (bishara) for the return or for pointing out the location, has no reward, and if he has received it he must return it. He says in his verses:
Take the good news of a promised reward before the property exists and its location is unknown.
On this see al-Anqari's commentary. However, Abu al-Abbas al-Malawi mentioned in some of his notes, on this commentary, that a judge of Fez issued a fatwa requiring judgment by the good news (bishara) in absolute terms, in consideration of the public interest and for fear of the loss of the Muslims' property through the concealment of lost items and stolen goods. He said: the scholars stated that the fatwa varies with circumstances; where the good news is taken from the stolen property for the benefit of its owner, it rebounds upon the thief, for he is a wrongdoer who caused the owner's debt. I say: this fatwa applies to what was reported earlier from Ibn Siraj and others who weighed the interests, and on that basis most Muslims today cannot be prevented from concealing lost items unless the good news is taken. Allah knows best (al-Bahja fi Sharh at-Tuhfa, 2/312-313).
The Hanbalis said: if the lost property is in someone's hands and its owner offers him a reward for returning it, he is not permitted to take it, for returning it is obligatory upon him (Kashshaf al-Qina', 4/248; Matalib Uli an-Nuha, 4/209).
Ibn Qudama said (may Allah have mercy on him): issue: if he had picked it up before, then returns it for the sake of the reward, he is not permitted to take it. This is because, if he picked it up before the reward reached him, he took it without compensation and worked upon another's property without a reward, so he is entitled to nothing, as if he had picked it up and its owner had offered nothing for it, and the finder left after learning of the reward; for the owner only offered the object's benefits in return for a reward promised to him, so he deserves it, like a hired worker who works after the contract; whether the picking up occurred after the reward or before it, as we mentioned. Nor is he entitled to the reward for returning it, for the return is obligatory upon him without compensation, and taking compensation for an obligation is not permitted, like other obligations; the finder takes the reward only where picking it up is permitted, as compensation for the lawful picking up.
This being established, the one who picked it up before the reward reached him is entitled to nothing, whether he returned it for the sake of the reward or otherwise; for if he is not entitled to it while intending it and working for it, he is more surely not entitled to it without that. Al-Khiraqi mentioned returning it for the sake of the reward only, Allah willing, to point out that there is no entitlement when it is returned for another reason, for need calls for knowledge of the ruling only regarding one who wants the reward; as for one who dispenses with it and does not want it, dispute generally does not arise. Allah knows best (al-Mughni, 6/25).
The Shafi'is said: if he says: whoever returns my property shall have such-and-such, and the one holding it returns it, regard is had to this: if the return involves toil, like the runaway slave, he deserves the reward; if not, like dirhams and dinars, he does not, for what involves no toil is not matched by compensation. If he says: whoever directs me to my property shall have such-and-such, and the one who directs him is the one holding the property, he is entitled to nothing, for that is obligatory upon him legally and no compensation is taken for an obligation. If the property is in another's hands and he directs him to it, he deserves it, for generally the hardship of searching befalls him (Rawdat at-Talibin, 4/90-91).
The discussion of announcing lost property covers six issues. The first is the ruling on the announcement, which involves two situations according to the finder's intention.
First situation: he picks it up intending to own it. The jurists of the four schools agree that if the finder picks up lost property intending to own it, announcing it is obligatory upon him; as Muslim reported from Zayd ibn Khalid al-Juhani (may Allah be pleased with him) that the Prophet said:
Whoever shelters a lost object is astray so long as he does not make it known.Reported by Muslim (1725)
Being astray is thus made conditional upon not announcing it. Moreover, if he picks it up without announcing it, he harms its owner and becomes the cause of his being deprived of it, so he is in error, astray from the truth (Bada'i' as-Sana'i', 6/202; Majma' al-Anhar, 2/525; Mukhtasar al-Wiqaya, 2/251; al-Ikhtiyar, 3/38; al-Qawanin al-Fiqhiyya, 1/224; Sharh Mukhtasar Khalil, 7/124; Sharh az-Zarqani, 4/69; Mawahib al-Jalil, 8/32; ash-Sharh al-Kabir ma'a Hashiyat ad-Dasuqi, 5/527; Tahbir al-Mukhtasar, 5/36; Rawdat at-Talibin, 4/216; an-Najm al-Wahhaj, 6/26; Mughni al-Muhtaj, 3/512; Tuhfat al-Muhtaj, 7/626; ad-Dibaj, 2/585; al-Mughni, 6/4; Sharh az-Zarkashi, 2/213; ar-Rawd al-Murbi', 2/160).
Second situation: he picks it up to preserve it for its owner. The jurists differ: is announcing it obligatory upon him or not? The majority of the Shafi'is hold that if he takes it to preserve it indefinitely without owning it, the announcement is not obligatory, for the Law only made it obligatory when it permitted him to own it; and because its owner announces it himself and thus learns who took it for safekeeping.
The majority of jurists (the Hanafis, the Malikis, the Shafi'is in the view favored by al-Nawawi and others, and the Hanbalis) hold that the finder must announce the lost property; as Muslim reported from Zayd ibn Khalid al-Juhani (may Allah be pleased with him) that the Prophet said: whoever shelters a lost object is astray so long as he does not make it known (reported by Muslim, 1725). Al-Nawawi said (may Allah have mercy on him): this is evidence for the school's chosen view, namely that announcing lost property is obligatory absolutely, whether he intends to own it or to preserve it for its owner; and this is the correct view (Sharh Sahih Muslim, 12/28).
This is also because the Prophet commanded the announcement without distinguishing between one who takes it to own it and one who takes it to preserve it for its owner; and preserving it for the owner is only valid through its reaching him by way of the announcement: so long as it remains in the finder's hands without reaching its owner, that is its ruin. Holding it without announcement is thus wasting it on its owner, which is not permitted, like returning it to its place or casting it elsewhere. Moreover, were the announcement not obligatory, picking it up would not be permitted, for leaving it where it lies would then be closer to its reaching its owner: either the owner searches the place where it was lost and finds it, or someone who knows it finds it; taking it forecloses both, which is unlawful. Since picking it up is permitted, the announcement becomes obligatory to avert this harm; and since the announcement is obligatory upon one who intends to own it, it is likewise obligatory upon one who intends to preserve it: ownership is not obligatory, so the means to it is not either; this establishes that the obligation lies in the locus agreed upon by all, namely protecting the property from being lost to its owner, and that is precisely the disputed locus.
As for the argument that its owner announces it himself and thus learns who took it for safekeeping, it is answered that it may drop from a passerby, or from someone unable to do so due to illness, madness, imprisonment, death or the like (Bada'i' as-Sana'i', 6/202; Majma' al-Anhar, 2/525; Mukhtasar al-Wiqaya, 2/251; al-Ikhtiyar, 3/38; al-Qawanin al-Fiqhiyya, 1/224; Sharh Mukhtasar Khalil, 7/124; Sharh az-Zarqani, 4/69; Mawahib al-Jalil, 8/32; ash-Sharh al-Kabir ma'a Hashiyat ad-Dasuqi, 5/527; Tahbir al-Mukhtasar, 5/36; al-Bayan, 7/525; Rawdat at-Talibin, 4/216-217; an-Najm al-Wahhaj, 6/26; Mughni al-Muhtaj, 3/512; Tuhfat al-Muhtaj, 7/626; ad-Dibaj, 2/585; al-Mughni, 6/4; Sharh az-Zarkashi, 2/213; ar-Rawd al-Murbi', 2/160).
Excluded from the announcement, however, is the case of a tyrannical ruler such that it is known, or most likely, that he will take it if it is announced: the announcement is then not permitted, and the property remains a trust in his hands. May he own it after the year? The Shafi'is hold two views (Mughni al-Muhtaj, 3/513).
The jurists of the four schools (Hanafis, Malikis, Shafi'is and Hanbalis) agree that when lost property is significant and worth ten dirhams or more, announcing it for a full year is obligatory, per the hadith of the two Sahihs from Zayd ibn Khalid al-Juhani (may Allah be pleased with him):
A man came to the Messenger of Allah and asked him about lost property. He said: Note its strap and its container, then make it known for a year; if its owner comes, well and good, otherwise it is yours. He said: What about a stray sheep? He said: It is for you, or for your brother, or for the wolf. He said: What about a stray camel? He said: What has it to do with you? It has its drink and its shelter: it goes to the water and eats from the trees until its master finds it.Reported by al-Bukhari (2297) and Muslim (1722)
The Prophet thus commanded him a single year. This is also because caravans are not delayed beyond a year, and within a year passes the time of travel to lands of heat, cold and temperate climate, so the period is fit as a measure, like the term known as the two waterskins (al-'innin). Moreover, one who loses something may be unable to seek it at once, due to occupation, or learning of it only after a time, or being far from the place of loss: a period was therefore needed, and a year was set, for the four seasons pass within it; and usually one who loses something can seek it within a year. If no owner appears, it appears he has no owner.
Furthermore, were it not announced for a year, property would be lost to its owners; and if the announcement were imposed forever, people would refrain from picking things up: the year thus takes both parties into consideration together (Bada'i' as-Sana'i', 6/202; Majma' al-Anhar, 2/525; Mukhtasar al-Wiqaya, 2/251; al-Ikhtiyar, 3/38; al-Istidhkar, 7/249; al-Qawanin al-Fiqhiyya, 1/224; Sharh Mukhtasar Khalil, 7/124; Sharh az-Zarqani, 4/69; Mawahib al-Jalil, 8/32; ash-Sharh al-Kabir ma'a Hashiyat ad-Dasuqi, 5/527; Tahbir al-Mukhtasar, 5/36; Sharh as-Sunna by al-Baghawi, 8/311; Rawdat at-Talibin, 4/216; an-Najm al-Wahhaj, 6/30; Mughni al-Muhtaj, 3/514; Tuhfat al-Muhtaj, 7/632; ad-Dibaj, 2/560; al-Mughni, 6/4; Sharh az-Zarkashi, 2/213; ar-Rawd al-Murbi', 2/160; Matalib Uli an-Nuha, 4/227; Manar as-Sabil, 2/302).
Al-'Amrani said (may Allah have mercy on him): if it is said: it is reported from Ubiyy ibn Ka'b that he said: I found a purse containing one hundred dinars and brought it to the Prophet, who said: announce it for a year. I announced it, then came back to the Prophet and he said: announce it for a year. Then I came to him again and he said: announce it for a year, so he commanded him to announce it for three years? We answer with several responses. The first: Ibn al-Mundhir said that consensus, contrary to this hadith, is established, so consensus is adduced for its abrogation. Moreover, the hadith admits three interpretations. The first: he announced it for a year but fell short in the announcement, so he was ordered to repeat it; he announced it a second year and again fell short, and he was ordered to complete the announcement for the year.
The second interpretation: he repeated the phrase, saying: announce it for a year, announce it for a year, announce it for a year, without repeating the years. The third: he commanded him to announce it for a year; he came to him partway through the year and he said: announce it for a year, meaning complete the year; then he came before its completion and he said: announce it for a year, meaning complete the year (al-Bayan, 7/526).
Lost property of little value that the soul does not pursue, such as a date, a morsel of bread or a rag, and anything trivial: there is no harm in taking it and benefiting from it without announcement; as reported from Jabir ibn Abdallah (may Allah be pleased with them both):
The Messenger of Allah granted us an allowance for the staff, the whip, the rope and their like: a man may pick them up and benefit from them.Weak hadith, reported by Abu Dawud (1717)
And as Anas (may Allah be pleased with him) reported that the Prophet passed a date on the road and said:
Were it not that I fear it is charity (sadaqa), I would have eaten it.Reported by al-Bukhari (2299) and Muslim (1071)
This hadith shows the permissibility of taking trivial found items, which are excused and fall outside the rules of lost property, for their owner does not seek them: hence the Prophet permitted eating the date, absent the doubt of charity.
Ibn Qudama said (may Allah have mercy on him): I know of no disagreement among the people of knowledge on the permissibility of taking the trivial and benefiting from it. It is reported from Omar, Ali, Ibn Omar and Aisha; and it is the view of Ata', Jabir ibn Zayd, Tawus, al-Nakha'i, Yahya ibn Abi Kathir, Malik, al-Shafi'i and the people of opinion (al-Mughni, 6/6).
Al-Nawawi said (may Allah have mercy on him): in this hadith there is the point that a date and its like among items of trivial value need not be announced; rather eating them and disposing of them at once is permitted, for he only left it for fear it was charity, not because it was lost property; and this ruling is agreed upon. Our companions and others explained it by the fact that its owner, as a rule, does not seek it and no claim remains in it. Allah knows best (Sharh Sahih Muslim, 7/177-178).
Ibn al-Humam said (may Allah have mercy on him): if the lost property is something known not to be sought by its owner, such as a date pit or pomegranate peels, discarding it is a permission, and the finder may benefit from it without announcement. From him (the Prophet): he saw a date on the road and said: were it not that I fear it is a charity date, I would have eaten it. No disagreement among the scholars is known in this; but it remains the property of its owner: if he finds it in his hands he takes it, for the permission does not remove it from its owner's ownership; discarding is only a permission, not a transfer, for transfer of an unknown item is invalid (Sharh Fath al-Qadir, 6/122; Tabyin al-Haqa'iq, 3/304; Ibn Batal's Sharh Sahih al-Bukhari, 6/555; Bidayat al-Mujtahid, 2/231; al-Muhadhdhab, 1/430).
Abu Bakr Ibn al-Mundhir said (may Allah have mercy on him): they differ over what is to be done with lost property of little value. A group permitted taking it and benefiting from it: we report this from Omar ibn al-Khattab, Ali ibn Abi Talib, Ibn Omar and Aisha (may Allah be pleased with them), and from Ata' ibn Abi Rabah, Tawus, Jabir ibn Zayd, al-Nakha'i and Yahya ibn Abi Kathir.
Abu Bakr said: minor and major lost property alike are announced on the apparent wording of the Prophet: "announce it for a year"; and nothing may be excepted from the reports of the Messenger of Allah except by a similar report. The Messenger of Allah saw a date and said: were it not charity, I would have eaten it. The date is thus excepted from the category of lost property, along with what resembles it; for the rest of lost property we apply what the Messenger of Allah legislated (al-Ishraf, 6/369-370).
The jurists differ, however, over defining the trivial property that is not announced, or that is announced for a period shorter than a year.
The Hanafis said: the announcement of lost property varies with its worth. If it is something worth ten dirhams or more, he announces it for a year, as has preceded. If it is something worth less than ten dirhams, he announces it for days according to what the finder deems likely, such that it is probable its owner will no longer seek it after that; this is a narration from Abu Hanifa. Al-Hasan ibn Ziyad reported from Abu Hanifa that he said: the announcement depends on the significance of the property: if it is around a hundred and the like, he announces it for a year; if around ten and the like, a month; if around three and the like, a week, or he said ten days; if a dirham and the like, three days; if a danq and the like, a day; if a date or a morsel of bread, he gives it in charity. It is said: none of these measures is binding; rather he announces it for a period that achieves the announcement, judging it probable that its owner will no longer seek it after that; and this is the fatwa (Bada'i' as-Sana'i', 6/202; al-Hidaya, 2/175; al-Ikhtiyar, 3/38; al-Jawhara an-Nayyira, 4/190-191; al-Lubab, 1/662).
The Malikis said: found property is of three types:
The Shafi'is said, on the sounder view: insignificant property, that is, property of little import, is not quantified on the sounder view; rather it is whatever its loser, most likely, would not grieve much over nor long seek, as a rule, for that indicates its insignificance. It was quantified as a dinar and as a dirham, but the sounder view is that it is not quantified and is not announced for a year, for its loser does not keep seeking for a year, unlike significant property. The sounder view rather is that he need only announce it for a period after which the loser, most likely, would lose interest as a rule; when his disinterest becomes most likely, the announcement lapses, and this varies with the property: a danq of silver is announced at once, and a danq of gold for three days. On the view contrary to the sounder one, it is announced for a year, given the generality of the reports, and because picking it up is a path to ownership in which little and much are alike (al-Muhadhdhab, 1/430; Rawdat at-Talibin, 4/219; an-Najm al-Wahhaj, 6/34; Mughni al-Muhtaj, 3/514; Tuhfat al-Muhtaj, 7/632; ad-Dibaj, 2/562).
As for the Hanbalis, Ibn Qudama said (may Allah have mercy on him): Ahmad and most of those we have mentioned do not define the trivial property whose taking is permitted. Malik and Abu Hanifa said: announcement is only obligatory for what reaches the threshold of the theft penalty: a quarter dinar according to Malik and ten dirhams according to Abu Hanifa; below that is trivial and need not be announced, like the morsel of bread and the date. The evidence of its being trivial is Aisha's saying (may Allah be pleased with her): they did not impose the penalty for a trivial item. It is reported from Ali (may Allah be pleased with him) that he found a dinar and disposed of it. Al-Jawzajani reported, with his chain, from Salma bint Ka'b that she said: I found a gold ring on the road to Mecca, asked Aisha about it, and she said: enjoy it.
Abu Dawud reported, with his chain, from Jabir that he said:
The Messenger of Allah granted us an allowance for the staff, the whip, the rope and their like: a man may pick them up and benefit from them.Reported by Abu Dawud, with his chain
Yet a rope may be worth dirhams. Ibn Majah reported, with his chain, from Suwayd ibn Ghafla that he said: I went out with Salman ibn Rabi'a and Zayd ibn Suhhan; when we reached al-'Adhayb, I picked up a whip there, and they told me: throw it away, but I refused. When we returned to Medina, I went to Ubiyy ibn Ka'b and mentioned it to him, and he said: you did well. Al-Tirmidhi said: this is a hasan sahih hadith. The Shafi'is have three views, corresponding to the three schools.
We (the Hanbalis) say, invalidating their specification by what they mentioned: Zayd ibn Khalid's hadith is general for every lost property and its generality must be preserved except for what is excluded by evidence; nothing they mentioned is an explicit text nor of its meaning; and specification and quantification are not known by analogy: they are taken from a text or consensus, and neither text nor consensus exists in what they mentioned. As for Ali's hadith, it is weak: Abu Dawud reported it saying its chains are all discordant; moreover it contradicts their school and all other schools, so it must be interpreted as referring to something other than lost property, whether by necessity or otherwise. As for Aisha's hadith, it is a ruling on a specific case, the ring's value being unknown; and it is the word of a companion, like Ali's hadith, which they do not treat as proof; the other hadiths contain no measure. Taking what the Prophet mentioned is however permitted: the whip, the staff, the rope and their like in value; Abu al-Faraj set it in his book at less than a qirat, but that specification is not valid, as we have said (al-Mughni, 6/6).
Ibn Muflih said: in al-Mughni, Ahmad does not define the trivial property whose taking is permitted; what is known in the school is limiting it to what the eagerness of ordinary people does not pursue, even if abundant. In Abu Bakr al-Sadaqa's narration it is stated explicitly that the dirham is announced. Ibn Aqil said: the danq need not be announced, and he interpreted it in al-Talkhis as a danq of gold, considering the custom of Iraq. On his view, announcing the trivial is obligatory; it is said: for a period after which its owner is thought likely to seek it; and he is not obligated, by disagreement, to pay its equivalent, per al-Tabsira. Ahmad was asked about fruit one finds or that a bird drops: may he eat it? He said: no. Give it in charity? He said: it is not fitting. Abu Talib reported it, and Abd al-Wahhab al-Warraq chose it (al-Mubdi', 5/274; Manar as-Sabil, 2/155).
Al-Mardawi said (may Allah have mercy on him): what the eagerness does not pursue means the eagerness of ordinary people, even if abundant; this is the school, followed by the majority of the companions; he affirmed it in al-Wajiz and elsewhere and preferred it in al-Furu' and elsewhere. Al-Musannaf gave as examples the whip, the sandal strap and the loaf. In al-Irshad, Tadhkirat Ibn Aqil, al-Hidaya, al-Madhhab, al-Mustaw'ib and by a group, the examples given are the date, the morsel of bread, the worn sandal strap and the like; in al-Mughni, the staff, the rope and their equivalent in value. Al-Harithi said: what the eagerness does not pursue; Imam Ahmad stated explicitly, in the narration of Abdallah and Hanbal, that what is like the date, the morsel of bread and the rag, and anything trivial, poses no problem. In Ibn Mansur's narration he said: of lost property, everything except what has no value is announced. Imam Ahmad was asked, in Harb's narration: a man finds a sandal strap on the road; should he take it? He said: if it is of good quality, such as is not normally discarded, I would dislike his taking it; if it is poor and its owner threw it away, there is no harm. Al-Harithi said: Imam Ahmad's words do not match what is said in al-Mughni, and there is no doubt that the rope, the whip and the loaf exceed the date and the morsel of bread. He said: the rest of the companions follow Imam Ahmad in all of this, and I know of no one agreeing with al-Musannaf except Abu al-Khattab, on the sandal strap alone. End quote.
It is said: it is what is below the threshold of theft. It is said in al-Kafi: it is possible that announcement is not obligatory for what does not reach the theft penalty. It is said: it is less than a qirat of jewelry or silver; Abu al-Faraj chose this in al-Mubhaj and al-Idah, and the author (of al-Mughni) rejected it. The qadi and Ibn Aqil said: the danq need not be announced. Al-Harithi said: he apparently meant a danq of gold, as the author of al-Talkhis also said. It is said in al-Ri'aya: rather, above a danq of gold; he also said: on his view the dirham is most often what is announced. Benefit: whoever finds scattered small fragments of little value (scattered grains, date pits, shells), in small scattered pieces, owns them without announcement however many they are. His saying: he owns them by taking without announcement: this is the school, followed by the companions, and Imam Ahmad stated it explicitly. On his view: announcing it is obligatory, mentioned by Abu al-Husayn. It is said: he must announce it for a period after which its owner is thought likely to seek it, chosen in al-Ri'aya (al-Insaf, 6/399-401).
The jurists differ: must the announcement be immediate, or is announcing for a year obligatory whenever it occurs? The Malikis in one view, and the Shafi'is on the sounder view, hold that announcing lost property for a year is obligatory without requiring that it follow immediately upon the taking: whenever he announces it, even a year after picking it up, it is valid.
The Malikis in the second view, the Shafi'is on the view contrary to the sounder one, and the Hanbalis hold that the announcement is obligatory from the time of the taking and delaying it is not permitted; if he delays it and it perishes, he is liable, and the explanation follows in this detail.
The Malikis said: announcing lost property for a year is obligatory; they differ into two views where he delays the announcement. Some said: the announcement is obligatory immediately after the picking up; if he delays it, he is liable, for that leads its owner to despair and stop seeking it; if he omits announcing it until a long time passes, he is liable. It is stated in Mu'in al-Hukkam: branch: if the finder keeps the lost property for a year without announcing it, then announces it in the second year and it perishes, he is liable; likewise if it perishes in the first year, once it is clear that its owner is from the place where it was found; if he is from elsewhere, absent around the time of its loss and did not come at the time it was lost, he is not liable. End quote.
The second view: if he delays the announcement for a full year and then announces it, and it perishes, he is liable, for liability for loss during the announcement occurs only if he delayed it a year; but if he delays less than a year and then begins announcing and it is lost, he is not liable (Mawahib al-Jalil, 8/32; Sharh Mukhtasar Khalil, 7/124; ash-Sharh al-Kabir ma'a Hashiyat ad-Dasuqi, 5/527).
The Shafi'is said: hurrying to announce after the picking up is not obligatory on the sounder view; what counts is announcing for a year whenever it occurs. Al-Balqini said: delay is permitted so long as the finder does not think it likely that the delay will prevent the owner from learning of the property; if that seems likely to him, promptness becomes obligatory. Al-Khatib al-Shirbini said: this is apparent; promptness not being obligatory, it is fitting, as some later scholars said, that he date the finding of the lost property in his announcement and ascribe it to its time, in compensation for the forgotten delay that occurred (Mughni al-Muhtaj, 3/514; Rawdat at-Talibin, 4/216).
The Hanbalis hold that the announcement is obligatory for a year from the time of the picking up: he announces it right after taking it, throughout the year, consecutively; for the Prophet commanded the announcement when asked about it, and a command implies immediacy; and because the aim of the announcement is that the news reach its owner, which is achieved by announcing it right after its loss, consecutively; for its owner, as a rule, only expects it and seeks it after its loss, so the announcement must be devoted to that time (al-Mughni, 6/4; al-Kafi, 2/353; al-Mubdi', 5/281; ar-Rawd al-Murbi', 2/161).
Ibn Qudama al-Maqdisi said (may Allah have mercy on him): if he delays the announcement beyond the first year while able, he sins, for the Prophet commanded it within that year and a command implies obligation; and in Iyad ibn Himar's hadith: "do not conceal it nor hide it away". Moreover, that is a means of preventing its owner from knowing it, for apparently after the year he despairs of it, neglects it, and stops seeking it.
The announcement lapses by being delayed beyond the first year, on Ahmad's explicit statement, for the wisdom of the announcement is not achieved after the first year; if he neglected part of the year, he announces the remainder. It is inferred that the announcement does not lapse through delay, for it is obligatory and does not lapse by missing its time, like acts of worship and other obligations; and because announcing in the second year attains the aim, though deficient, so it must be performed, per the Prophet's saying: "when I command you a matter, do of it what you can". On this view, if he delayed the announcement for part of the year, he announces through the remainder and completes it in the second year; on both views he does not come to own it by the announcement except in the first year, for the condition of ownership is announcing within the first year, which did not occur.
Ibn Qudama said (may Allah have mercy on him): that takes place on the day he found it and the week following, for seeking is more intense then; it is not obligatory continuously after that. Al-Jawzajani reported, with his chain, from Mu'awiya ibn Abdallah, from Zayd al-Juhani:
We encamped at the stopping place of a caravan and I found there a rag containing nearly one hundred dinars. I brought it to Omar, who said: announce it for three days at the mosque door, then keep it until the year is complete; and whenever a caravan arrives, announce it saying: gold, on the Syrian road; then it is yours.Reported by al-Jawzajani with his chain, cited in al-Mughni (6/5); see also al-Jawhara an-Nayyira (4/191), al-Bayan (7/527), Mughni al-Muhtaj (3/515) and Matalib Uli an-Nuha (4/226)
The jurists of the four schools agree that the place for announcing lost property is the gatherings of people, such as the markets and the doors of mosques and congregational mosques. Ibn Abd al-Barr said (may Allah have mercy on him): the announcement, according to the community of jurists as I know it, takes place only in the markets, at the doors of mosques, in public places and the gatherings of people (al-Tamhid, 3/117). Al-Kasani said (may Allah have mercy on him): the place of the announcement is the markets and the doors of mosques, for people gather there and pass by, so the announcement there spreads the news fastest (Bada'i' as-Sana'i', 6/202; al-Jawhara an-Nayyira, 4/191; al-Bahr al-Ra'iq, 5/164).
Ibn Nujaym the Hanafi reported that al-Sarakhsi said: it is recounted that a scholar in Balkh found lost property while in need; he said to himself that he had to announce it, and that if he announced it in the town its owner might appear. He left the town until he reached a well, leaned his head into it and began saying: I found such-and-such; whoever among you hears of someone seeking it, direct him to me. Beside the well stood a man patching his cloak: he was the owner of the property, and he clung to him until he took it from him, so that it be known that what is decreed inevitably comes to pass, and that one must not abandon what has become legally binding, namely making the announcement manifest. He reported that the Prophet said: do not multiply your worry over what is decreed; your provision will come to you. End quote. Yet this was an error on the finder's part, for it is not an announcement by agreement (al-Bahr al-Ra'iq, 5/164).
Al-Shirazi said (may Allah have mercy on him): the announcement must be made at the times when people gather, such as the times of the prayers, and in the places where people gather, such as the markets and the doors of mosques, for the aim is achieved only so; and he announces it much in the place where he found it, for one who loses something seeks it where it was lost.
He does not announce it inside the mosques; as Jabir reported: the Messenger of Allah heard a man announcing a lost item in the mosque, and the Prophet said to him:
May you never find it.Reported from Jabir
This is because he disliked that voices be raised in it (al-Muhadhdhab, 1/430; al-Bayan, 7/527).
Al-Nawawi said (may Allah have mercy on him): the announcement is to seek out the owner in the place where it was found, in the markets, at the doors of the mosques and in the places where people gather, saying: whoever has lost something? whoever has lost an animal? whoever has lost dirhams? and the like.