Sharh · explanationclick to expand
One of the higher objectives of the Laws of Islam is to preserve people’s wealth and protect it from robbery, theft, and loss, or from someone taking it when it is lost. In this hadeeth, the Prophet ﷺ underlined the religious ruling on the Luqtah (i.e., lost and found item of wealth) and the lost animal. Zayd ibn Khaalid Al-Juhanee (may Allah be pleased with him) narrated that a man, named ‘Umayr Aboo Maalik, asked the Prophet ﷺ about the Luqtah and how to dispose of it. In Islamic terminology, Luqtah means a lost and found item of wealth, and belongings that are respected and recognized by the Laws of Islam (as wealth) and owned by a human being, or items of wealth that are not secured (i.e., locked up in a secure place), or self-secured (e.g., able to defend itself and escape like camels or birds), or not possible to stealby nature (e.g. immovable property). He ﷺ said: "Identify (the description of) its container,” where it is kept, “and its tying material.” The Arabic word used in the hadeeth is Wikaa’ meaning string or rope with which its container is tied. He ﷺ commanded the person who finds the Luqtah to identify its detailed description, leaving no room for doubt, to be able to recognize its owner and verify his truthfulness, and so that it would not get mixed with his own property. He ﷺ added: “… and then make a public announcement of it for one year,” meaning in gatherings and places where he believes its owner might be found. “If its owner shows up and claims it,” before or after publicly announcing it, “give it to him; otherwise utilize it as you like." If its owner does not show up, it belongs to the one who found it and he is entitled to use it freely, but should keep it as a trust. Whenever its owner is found, it should be returned to him. Afterward, the man asked the Prophet ﷺ about the lost animal and he ﷺ said, "It is for you,” if you publicly announce it and could not find its owner, “your brother,” meaning another person who would pick it up, “or the wolf,” meaning that it may remain lost and would be devoured by wolves. A lost sheep becomes the property of the one who finds it as long as he publicly announces it and its owner does not show up to claim it. Then the man asked about a lost camel. The Prophet ﷺ exclaimed, "Why should you take it?” The version recorded in Saheeh Al-Bukhaaree and Saheeh Muslim reads: “The Prophet ﷺ was annoyed so much that his cheeks became red.” It was said that he ﷺ got angry because of the inquirer’s lack of knowledge and misunderstanding; he failed to realize the meaning of the Prophet’s statement and made a wrong analogy. Luqtah means an item of wealth that is misplaced and lost from its owner and he does not know its place, but this does not apply to a lost camel; it may walk for days and find its way back to its usual place or a place where it would be found by its owner. The Prophet ﷺ underlined the reason by saying, “… as it has got its water-container (i.e., its stomach),” meaning that if it finds a well, it will drink enough water to survive until it finds another well, or it rather means that camels can endure thirst better than any other animal. The Prophet ﷺ added: “… and its hooves,” which refers to its ability to walk long distances and find water in deserted places. He ﷺ likened it to a traveler who has a waterbag and shoes. He ﷺ added, “… and it can reach the places of water and can eat the trees till its owner finds it,” or it find its way to him. This is the difference between sheep and camels, the latter is endowed with the strength to survive until its owner finds it, whereas sheep perish whenever they go astray from the shepherd and are separated from the herd. The hadeeth highlights how Islam assigns care and attention to all affairs that are of concern to people, and become part of their lives directly or indirectly..