and animals that are unable to protect themselves even from small predators.
The second kind consists of stray camels; by analogy it also includes cattle because of their strength, gazelles because of their speed, and birds because of their flight. Such creatures are able to fend for themselves against predators, so they are left alone and not taken up until their owner finds them; they have no need to be safeguarded.
2 – It is recommended to pick up lost property in order to protect it for its owner and to search for him so that it may be returned. For anyone who trusts himself not to betray and is able to make the announcement, this is the sounder of the two scholarly opinions.
3 – The finder should record its tying cord, its container, its kind, and its quantity, so that he can distinguish it from his own property and know its identifying features when testing anyone who claims it. This is part of fully safeguarding it and restoring it to its owner.
4 – He must announce it for a full year. The announcement should be made where people gather—at the doors of mosques, in markets, clubs, and schools—and as near as possible to the place where it was found, for that is where its owner will search. He may also inform the relevant authorities, such as police stations and administrative offices, and in our age the media—newspapers, radio, and television—if the item is of significant importance.
5 – If the year passes and the owner is still unknown, the finder becomes its owner by legal compulsion. He may spend it, intending to reimburse the owner should he appear—returning like for like in fungible goods and the market value in non-fungible ones. He may also sell it or retain it. This choice is governed by considerations of benefit: he must act in the way that best serves the interests of the lost property and its owner, not his own desire, for his dealings with it must follow the welfare wherever it lies.
7 – If the owner comes—even after a long interval—and accurately describes the item, it is handed over to him without requiring witnesses or an oath; his description itself is proof, in accordance with the Prophet’s statement, “If its seeker comes for it at any time, then hand it over to him.”
Evidence is whatever brings the truth to light, and his description suffices as evidence as long as no one else contests the claim.