Sharh · explanationclick to expand
One of the greatest objectives of sharia is preservation of people’s wealth and protecting it from plunder, theft and loss, or anyone hoping to keep it when it is lost. In this hadith, Zayd ibn Khalid al-Juhani narrates that a man asked the Prophet (blessings and peace of Allah be upon him) about lost property, which is property that has been lost in the street and its owner is not known. The Prophet (blessings and peace of Allah be upon him) advised the one who finds a lost item to learn all its distinguishing characteristics, such as the shape and colour of the vessel and string. The “leather bag” referred to here is something that was used to keep money in; it may be made of leather, cloth or other material. The string is something that was used to tie vessels with. All of this is by way of learning its characteristics. Then he should announce to the people that he has this lost item, and continue to announce it for a whole year, in an attempt to return it to its owner, then after one year he may make use of it. If he does find its owner during that year, then he should give it to him. If the owner comes after a year has passed, and describes its distinguishing characteristics, such as its shape, colour, type of vessel, and so on, and he still has it, then he should give it to him; if he has disposed of it, he is liable for it, and he should give its owner its value and price. Then the man asked the Prophet (blessings and peace of Allah be upon him) about the ruling on a stray camel, and he responded by saying that it is not to be taken, because it has all that it needs to survive, namely strong and solid feet to walk on, and the ability to store and keep water, in its belly and hump. Moreover, it can find vegetation and water around it, even after a number of days, and it can store the water in its belly and remain hydrated. It was said that the only reason the Prophet (blessings and peace of Allah be upon him) got angry when he was asked about a stray camel is the lack of knowledge and poor understanding on the part of the questioner, as he failed to understand the matter being discussed, and he did not pay attention to it. Thus he made an incorrect analogy, because lost property refers to items that may be dropped by the owner, so he does not know where they went, whereas a stray camel is not like that, because it may graze for several days, then go back to the place that it knows, or its owner may come and take it. Then the man asked the Prophet (blessings and peace of Allah be upon him) about the ruling on lost sheep, and he answered by saying that the one who finds it may take it. The words “It is for you or your brother” mean: either you will take it, or someone else will do so, otherwise it will be food for the wolf, if it is left. In this hadith, the Prophet (blessings and peace of Allah be upon him) enjoined the announcing of lost property for one year, whereas in the hadith of Ubayy that was narrated by al-Bukhari, it says: The Prophet (blessings and peace of Allah be upon him) enjoined announcing it for three years. We may reconcile these two reports by interpreting the hadith of Ubayy ibn Ka‘b as referring to being more careful and prudent, not disposing of lost property, and exercising a high level of restraint in not making use of it, whilst this hadith and similar reports may be interpreted as referring to the minimum that is required, or cases where the one who finds something needs it, whereas Ubayy had no need of the lost property that he found. This hadith also highlights how Islam pays attention to all aspects of life that may concern a person and be part of his life, whether by his choice or otherwise..