the first wording means that whoever finds lost property in Mecca should hold it up and say, “People, which of you does this belong to?” The second means that he should not take it unless he hears someone asking after it; he then holds it up and says, “Is this it?” Thus, both hadith wordings are understood to mean that one should refrain from taking it, just as with pilgrims’ lost property. And Allah knows best.
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A foundling must be taken into care and not left abandoned, for otherwise he would be lost and perish. ‘Umar ibn al-Khattāb, may Allah be pleased with him, only asked Sunayn Abū Jamīla, “What prompted you to take this child?” because he suspected that the child had not actually been abandoned and that Sunayn had taken him for some purpose. When his headman told ‘Umar that he was a righteous man, ‘Umar instructed him what to do about the child, saying, “Go: he is free, you shall be his patron, and his maintenance is our responsibility.” There is no disagreement among the scholars concerning this. They differed only concerning lost property, holding three views:
The first is that leaving it is preferable, without qualification. This was reported from ‘Abd Allāh ibn ‘Umar, who would pass by lost property without picking it up.
The second is that taking it and announcing it is preferable, since this secures the property for its owner and keeps it safe for him. This is one of Mālik’s two views, may Allah have mercy on him. Sa‘īd ibn al-Musayyab also held this view, though the people of Medina and Mecca disagreed with him. I believe he said, “Property is as inviolable as human life.” Al-Hasan ibn Sālih ibn Hayy adopted his view.
The third view is that if the item is of substantial value, taking it is preferable; but if it is of little value, leaving it is better and more appropriate. This is one of Ibn al-Qāsim’s two reports from Mālik.
This disagreement applies only when the lost property is among trustworthy people and the ruler is just, so there is no fear that he will seize it upon learning of it through the finder’s announcement. If, however, it is among untrustworthy people and the ruler is just, taking it is obligatory, without disagreement. And Allah knows best. If it is among trustworthy people but the ruler is unjust, the preferred course is not to take it, without disagreement. And Allah knows best. But if it were among