Chapter on Lost Property (luqaṭa)

Introduction

The term luqaṭa admits several pronunciations. The most widespread places a ḍammah on the lām and either a fatḥah or sukoon on the qāf. Al-Khalīl held that the qāf should be quiescent, whereas pronouncing it with a fatḥah (laqiṭ) denotes “one who frequently picks things up,” just as ḍaḥka describes someone given to much laughter. Although this is the linguistic analogy, the scholars of language and hadith have unanimously preferred the fatḥah on the qāf, to the point that some have ruled other readings impermissible.

In juristic usage, a luqaṭa is property—or any privately owned item—that has become separated from its owner and whose recovery would matter to people of average means.

Ruling: It is preferable for a person who trusts himself to act honestly and is able to announce the find and search for its owner to pick it up. Doing so preserves another’s wealth from loss or from falling into the hands of someone who would not fulfil the duty of safeguarding it and seeking its owner. By contrast, anyone who knows himself inclined to betrayal or unable to publicise the find and look for its owner is forbidden to take it, for he would thereby expose himself to the unlawful and deprive the owner of a chance to reclaim it.

Taking possession of lost property thus resembles holding a public office: whoever discharges Allah’s right in it will be rewarded, whereas whoever neglects its obligations is sinful and exposes himself to danger.

Categories of Lost Property

Lost items fall into four categories: