was reported in the hadith concerning the sacrificial animal: a man slaughtered a sacrifice in the presence of the Messenger of Allah ﷺ, and he said, “Let whoever wishes take a piece.” (1)

In my view, there is room to question this line of evidence, because the man did not scatter it; rather, he served it and permitted the people to eat, just as when someone serves food and says to the people, “Please, help yourselves.” This is not scattering; the two cases are distinct. There is nothing wrong with this, and it is customary practice.

His statement, “and picking them up”: that is, taking what has been scattered is disliked because of the indignity it entails. According to the jurists—as will come in the chapter on testimonies—two things are required for a person’s testimony to be accepted: religious uprightness and observance of proper dignity. Accordingly, one who goes to such scattered items in order to pick some of them up is considered lacking in dignity, and his testimony is therefore not accepted.

His statement, “Whatever a person takes, or whatever falls into his lap, belongs to him”: that is, whoever takes something that has been scattered, or in whose lap it falls, it belongs to him. In the case of the one who takes it, this is evident. As for what falls into his lap, there are two possibilities:

The first is that he has positioned his lap in readiness to receive it. In that case, it is plainly his.

The second is that he has not positioned his lap for that purpose, but is unaware; in this case too, the scattered item belongs to him, even though he did not intend to acquire ownership of it. Accordingly, if someone takes it from his lap, he must return it to him. If someone were to rush forward and, upon seeing it, dart down and pick it up—whereas, had he left it, it would have fallen into the man’s lap—then this