Al-Luqata – Linguistic Meaning:
A thing that is picked up. It is a name for a thing that someone finds and picks up.
Al-Luqata – Meaning in the Sharee’ah:
Picking up a lost valuable item with the intention to preserve it or to own it after making a public announcement.
Al-Luqata – The Rulings and Evidences:
The basis of the rulings concerning al-Luqata is the Hadeeth of Zayd ibn Khalid al-Juhani (Radia-Allaahu ‘anhu) who said that Allaah’s Messenger (Salla-Allaahu ‘alayhi wa sallam) was asked about picking up lost gold or silver, whereupon he (Salla-Allaahu ‘alayhi wa sallam) replied: “Recognize well the strap and the bag (containing) that and then make an announcement regarding it for one year. If no one recognizes it, then you may spend it and it would be a trust with you. If someone shows up one day to make demand (claim it), then pay him.”
He (the inquirer) asked about lost camels, whereupon Allaah’s Messenger (Salla-Allaahu ‘alayhi wa sallam) replied: “You have nothing to do with it. Leave it alone; it has feet and a bag; it drinks water and eats from the trees until it finds its owner.”
He (the inquirer) further asked about sheep, whereupon the Prophet (Salla-Allaahu ‘alayhi wa sallam) said: “Take it, it is either for you or your brother or the wolf.” [Agreed upon. Reported by Al-Bukhaari no. 2372) and Muslim no. 1722]
Al-Luqata – It’s Types:
- Something to which people do not attach much value to, such as a whip, a loaf of bread, a piece of fruit or a stick – He who finds something of this sort may keep and use it without announcing it.
- Young beasts and animals that can protect themselves from small harms/ predators, like camels, horses, cattle, and mules – It is Haraam (prohibited) to take them. These do not become the property of the finder even after announcing it, because the Prophet (Salla-Allaahu ‘alayhi wa sallam) said in the Hadeeth of Zayd ibn Khalid al-Juhani (Radia-Allaahu ‘anhu) concerning such animals: “You have nothing to do with it. Leave it alone; it has feet and a bag; it drinks water and eats from the trees until it finds its owner.”
- Things which are permissible to be picked up – and it is necessary to announce them, like gold, silver, baggage, and things which cannot protect themselves from harm, such as sheep, chickens, etc. because of the Hadeeth of Zayd ibn Khalid al-Juhani (Radia-Allaahu ‘anhu). One is allowed to pick up these things only if he is confident about himself and if he can announce it.
Al-Luqata – Some Rulings:
- If an animal which can be eaten is found, then the finder has the option to eat it and pay its price (to the owner) in accordance with its value at that particular time. Or the finder can sell it and hand the money over to its owner after (the claimant proves that he is the owner by) describing it. The finder also has the option to keep the animal with him and spend on it from his own wealth, but he (the finder) does not own the animal. The finder can claim back whatever he has spent on the animal when the owner shows up. If the owner shows up before the finder eats the animal, the owner can take the animal with him.
- If the lost property is perishable (i.e., something that can be spoiled) like some fruit, the finder may eat it and pay its price to the owner, or he may sell it and save its price until the owner shows up.
- As for money and vessels (i.e., container, pot, boat, etc.) it must be kept as a trust and announcements should be made in places where people gather.
- It is not permissible to pick up a lost property unless one is confident about himself (with regards to honoring the sanctity of the lost property), and he is able to announce it, because announcement of the lost property is obligatory. So, if one finds a lost property, he must be able to recognize it well, and announce it for a whole year in gatherings. If its owner shows up and describes it correctly, the finder must hand over the property to him, but if the owner does not show up despite announcements for a whole year, then the finder becomes the owner of it.
- The finder becomes the owner of the lost property after he has announced it and the time has passed. However, the finder should not use it up except after properly recognizing its characteristics – that’s in case someone shows up describing it correctly. Then he will have to handover the lost property (or its price) to the owner without asking for any other proof or an oath, because the Prophet (Salla-Allaahu ‘alayhi wa sallam) has instructed this in the Hadeeth of Zayd ibn Khalid (Radia-Allaahu ‘anhu).
- If a child or an insane person picks up a lost property, then it’s the guardian’s responsibility to act in accordance with the above guidelines.
- With regards to lost property found in the Haram (Sanctuary of Makkah), the finder never becomes the owner of it; the finder has to announce it his whole life.
Al-Laqeet – The Lost Child:
Al-Laqeet is a child who is found cast out on the street, or at the door of the mosque, etc. or a child who has strayed away from his parents, and his lineage (parentage) or guardian is not known.
Al-Laqeet should not be abandoned or left behind because Allaah (Ta’ala) says in Surat Al-Ma’idah (5:2):
وَتَعَاوَنُوا عَلَى ٱلْبِرِّ وَٱلتَّقْوَىٰ
“Cooperate with one another in goodness and righteousness.”
The general meaning of the verse indicates that taking a lost child under one’s care and spending on him is a Fardh Kifaaya (collective duty, i.e., if some Muslims do it, then the rest will not be considered sinners, but if none of them do it, then all of them will be sinners) because taking him under one’s care is saving his life. Whatever wealth/ money is found with the lost child, belongs to him since it was found in his possession – the money is to be spent on the lost child. If the child is found without any wealth/ money, then he should be spent on from the Bayt al-Maal (finance house – treasury of the Muslims).
The lost child is a free Muslim in all aspects unless he is found in a non-Muslim country, in which case, he is a disbeliever.
The lineage of the lost child will be ascertained by the confession of who claims that the child belongs to him. If more than one disputes regarding the lost child and there is no proof presented, in this case he is presented to the lineage tracker, the one who traces the lineage and is experienced in knowing the lineage through the likeness between the man and his brother or father, etc.
The right to custody of the lost child is for the one who finds him, with the condition that the finder is free, is of good character and mature. A disbeliever or a sinner is not given custody of a Muslim child.
Condition of the Finder (who is given custody):
The one given custody must be Muslim, free, sane, adult, righteous (just) and wise (guided). It is not correct to give guardianship of a lost child to a child, or an insane person, or a slave, or a disbeliever, or an immoral or foolish person.
Source:
Al-Fiqh Al-Muyassar, by a Group of Ulama’
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