He was then asked about a stray sheep, and he said, “Take it; it is either for you, for your brother, or for the wolf.”
Unfamiliar Terms
• wikāʾ (the string or cord used to tie an item)
• ʿifāṣ (its container)
• ḥiḏāʾ (its hoof-sandal, i.e., the tough, protective hoof itself)
• siqāʾ (its belly, which can carry ample water and food)
• rabbuhā (its owner, the one who lost it)
Overall Meaning
A man asked the Prophet ﷺ about the ruling on property lost from its owner—gold, silver, camels, and sheep. The Prophet clarified the judgment for each so they would serve as models for all similar cases of lost wealth.
Regarding gold and silver, he said: “Identify the cord with which they were tied and the container in which they were placed,” so the finder can distinguish them from his own possessions and question anyone who claims them. If the claimant’s description matches, the items are handed over; if not, the falsity of the claim is exposed. The finder must announce the discovery for a full year after picking it up, making the announcement in public gathering places such as markets, mosque entrances, and other common venues, as well as at the place where it was found.
If a year passes without the owner being located, the finder may spend the property. Should the owner later appear—at any time—the finder must reimburse him.
As for stray camels and similar animals capable of defending themselves, the Prophet forbade taking them. They do not require guardianship: their strength protects them from small predators, their hooves traverse deserts, their long necks reach foliage and water, and their bellies store nourishment. They preserve themselves until their owner—who will search for them where they were lost—finds them.
Conversely, for stray sheep and other small livestock, he ordered that they be taken to save them from destruction or predation. After the finder takes custody, the owner may reclaim them; otherwise, once a full year of public announcement has elapsed, ownership passes to the finder.
Lessons Derived from the ḥadith
- When someone finds property whose owner is absent and which cannot safeguard itself, it is recommended—according to the preponderant scholarly view—to pick it up with the intention of protecting it from loss or destruction.