the value of that benefit, the latter has received his due. No one then shares ownership of the item with its owner, so it is not unlawful for him.

If, however, he does not know the wronged person, he should, according to the majority of scholars, give that amount in charity on his behalf. This is like someone holding money from property wrongfully seized, borrowed, or entrusted to him, whose owners he does not know: he gives it in charity on their behalf. In Islamic law, the unknown is treated as nonexistent, as is what lies beyond one’s ability. Hence the Prophet (may Allah bless him and grant him peace) said concerning lost property:

“If its owner comes, return it to him; otherwise, it is Allah’s wealth, which He gives to whomever He wills.”

Thus, if the Prophet (may Allah bless him and grant him peace) assigned lost property to its finder when its owner could not be identified—even though appropriating it is unlawful because it was dropped by an owner—then how much more so when even that is unknown? Muslims do not dispute that the finder may give it in charity. They differ only over whether he may take ownership of it if he is wealthy, and the majority permit this.

There are well-known reports concerning this issue. One is the account of ʿAbd Allāh ibn Masʿūd, who bought a slave girl, then went out to pay the seller but could not find him. He began going around to the poor, saying:

“O Allah, this charity is on behalf of the slave girl’s owner. If he is content, I am discharged of my obligation. If he is not content, it is on my own behalf, and I owe him its equivalent on the Day of Resurrection.”

Another is the account of the man who misappropriated some of the spoils during the Cyprus campaign. He came to Muʿāwiyah to return what he had misappropriated, but Muʿāwiyah would not accept it. He then sought a ruling from one of the Successors, who instructed him to give it in charity on behalf of the army. He returned to Muʿāwiyah and told him, and Muʿāwiyah approved of this.

This is because Allah, Glorified and Exalted, says:

“So fear Allah as much as you are able.”

And property