-> Some also recommend having witnesses present when the item is found. For example, Imam Ahmad (may Allāh have mercy on him) said:
27 November 2025 • 426 views
“لا أحب أن يمسها حتى يُشهد عليها”.
"I do not like for him to touch it until he has witnesses."
-> The benefit of having witnesses is to safeguard oneself from temptation, ensure its preservation in case of death so that it does not pass to one’s heirs, and protect it from being claimed by creditors in the event of financial insolvency.
7. If the rightful owner later comes forward and accurately describes the item, it must be returned to them without requiring proof or an oath, in accordance with the command of the Prophet ﷺ in the hadith of Zaid ibn Khalid:
((فإن جاء طالبها يومًا من الدهر فأدّها إليه))
"If its owner comes one day, return it to them."
-> This indicates that merely providing an accurate description is sufficient for the item to be returned. The Prophet ﷺ did not mention the need for additional proof, and if such evidence were a condition, he would have stated it, for delaying clarification when needed is not permissible. Also, requiring formal evidence for a lost item would be nearly impossible, as such items are often lost when their owners are unaware. Some scholars, like Al-Muwaffaq Ibn Qudāmah (may Allāh have mercy on him), have even considered an accurate description to be, in essence, a form of evidence.
8. The lost property found by a child or an individual lacking legal capacity (safeeh) is to be handled by their guardian according to the previously mentioned rulings.
9. Lost property found within the Sacred Precinct (Ḥaram) (1) can never be claimed as personal property (التملك) and (2) must be publicly announced indefinitely.
NOTE: It is not permissible to pick up luqaṭah in the Ḥaram in order to claim ownership; rather, it is only allowed for the purpose of safeguarding it for its rightful owner. If someone picks it up, they must continuously announce it until its owner is found.
In the Saheehayn, Abu Hurairah (may Allāh be pleased with him) reported:
((لما فتح الله على رسوله ﷺ مكة قام في الناس فحمد الله وأثنى عليه، ثم قال: إن الله حبس عن مكة الفيل وسلّط عليها رسوله والمؤمنين، وإنها لم تحلّ لأحدٍ كان قبلي، وإنما أُحلّت لي ساعة من نهار، وإنها لن تحل لأحدٍ من بعدي؛ فلا ينفَّر صيدها، ولا يختلى شوكها، ولا تحل ساقطتها إلا لمنشد))
"When Allāh granted victory to His Messenger ﷺ over Makkah, he stood among the people, praised and glorified Allāh, and then said: ‘Indeed, Allāh withheld the elephant from Makkah but granted authority over it to His Messenger and the believers. It was not permissible for anyone before me, and it was made lawful for me only for a brief moment. It will never be permissible for anyone after me. Therefore, its game must not be disturbed, its vegetation must not be uprooted, and its lost property may only be taken by someone who intends to announce it.’"
Ibn al-Qayyim (may Allah have mercy on him) said:
قال شيخنا -يريد شيخ الإسلام ابن تيمية رحمة الله تعالى على الجميع-: وهذا من خصائص مكة، والفرق بينها وبين سائر الآفاق في ذلك أن الناس يتفرّقون عنها إلى الأقطار المختلفة، فلا يتمكّن صاحب الضالة من طلبها والسؤال عنها، بخلاف غيرها من الدواب”.
"Our Sheikh (referring to Sheikh al-Islam Ibn Taymiyyah, may Allāh have mercy on them all) stated: This is one of the unique rulings specific to Makkah. The difference between Makkah and other regions in this regard is that people disperse from it to various lands, making it difficult for the owner of a lost item to search for it, unlike in other places where this is more feasible."
In the present time, the government—may Allāh grant it success—has established offices dedicated to safeguarding lost items found in the Ḥaram. Therefore, anyone who finds a lost item in the Ḥaram should hand it over to these offices, especially if they fear that it might be lost if left unattended.
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المسألة الرابعة: في اللقيط
The Foundling (abandoned child)