Chapter on Lost Property

Lost property is wealth, or something subject to exclusive possession, that has become separated from its owner and is of a kind that ordinarily concerns people of moderate means. ...

His statement, “lost property,” is a noun derived from taking and picking up; thus, it refers to something picked up. Among jurists, however, it has a particular meaning, which the author defines by saying:

“It is wealth, or something subject to exclusive possession, that has become separated from its owner.” The important qualification here is his statement, “has become separated from its owner,” meaning that it has been lost by him.

His statement, “wealth,” means that which may validly be owned and sold, such as dirhams, goods, and the like.

His statement, “something subject to exclusive possession,” means anything over which a person has exclusive rights without owning it. It may not validly be owned, nor may compensation be taken for it. An example is a hunting dog: a hunting dog cannot be owned, but its keeper has a greater right to it than anyone else. Thus, it is subject to exclusive possession, not wealth. Other examples, according to one view, are impure manure and the hide of a dead animal. These may not be bought or sold, but their possessor has a greater right to them.

His statement, “has become separated from its owner,” means: from its possessor. For in Arabic, rabb may mean “owner,” as occurs in the Quran and in hadith.

In the Quran, Allah Most High says:

“Exalted is your Lord, the Lord of might, above what they describe.” [al-Saffat]

“The Lord of might” means: its possessor. It cannot mean its Creator, because might is one of Allah’s attributes and is not created.