untrustworthy people and the ruler were unjust, he would have the choice of taking it or leaving it, according to which of the two risks he considered greater. This disagreement, too, concerns lost property other than that of pilgrims, since the Messenger of Allah, may Allah bless him and grant him peace, prohibited taking it. The reason for his prohibition is the fear that it may go unclaimed when the pilgrims disperse to their various homelands, leaving the finder liable for it. Thus, no one should pick up pilgrims’ lost property, because of the Prophet’s prohibition, peace be upon him. If someone does pick it up, however, he must announce it just as he must announce other lost property.

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Ibn ‘Abdūs said: Any clothes found on an abandoned child, any bedding, mount, or clothing on which he is found, and any money set aside for him or tied to him—all belong to him. Anything found nearby, however, is lost property, and he has no claim to it.

The ruling on lost property follows the Sunnah transmitted from the Prophet, peace be upon him. Mālik related in his Muwatta’, from Rabī‘a ibn Abī ‘Abd al-Rahmān, from Yazīd, the client of al-Munba‘ith, from Zayd ibn Khālid al-Juhanī, who said:

“A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about lost property. He replied, ‘Take note of its pouch and fastening, then announce it for a year. If its owner comes, it is his; otherwise, you may use it.’ The man asked, ‘What about stray sheep, Messenger of Allah?’ He replied, ‘It is for you, your brother, or the wolf.’ He asked, ‘What about stray camels?’ He replied, ‘What concern are they of yours? They have their own footwear and water supply; they can reach water and feed on trees until their owner finds them.’”

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Lost property falls into three categories:

The first consists of things that can be preserved in the finder’s possession but are liable to loss if left where they are, such as gold dinars, silver dirhams, and other goods.