First: When one finds a lost item, he must not pick it up unless he is confident of his own trustworthiness in safeguarding it and of his ability to identify its owner by making the required public announcements. Anyone who does not trust himself in this regard is not permitted to take it; should he do so, he is deemed a usurper, for he has seized another person’s property in an unlawful manner, thereby exposing it to loss.
Second: Before taking possession of it, he must record its distinguishing features—its container, its tie, its amount, its kind, and its description. The “container” is the vessel in which it is found, whether a pouch or a piece of cloth, and the “tie” is what secures it. The Prophet ﷺ commanded this, and a command denotes obligation.
Third: He must announce it publicly for a full lunar year—every day during the first week, and thereafter according to local custom. The announcements should be made where people gather, such as in the markets and at the doors of mosques at prayer times. He must not make the announcement inside the mosques themselves, for mosques were not built for that purpose. The Prophet ﷺ said, “If anyone hears a man seeking his lost property in the mosque, let him say, ‘May Allah never return it to you.’”
Fourth: If a claimant appears and gives a description that matches the item, it must be handed over to him without requiring witnesses or an oath, for the Prophet ﷺ so instructed, and a precise description takes the place of testimony and an oath—indeed, it may at times be clearer and more reliable than either. The item is to be delivered to him along with any increase or profit that has accrued to it.