-
The finder must record the fastening cord, the container, and the kind of the item so that he can distinguish it from his own property and know its identifying features; this enables him to test anyone who claims it. Such careful identification completes its safekeeping and fulfils the duty of returning it to its owner.
-
He must announce the find for one full year in public gathering places—mosque entrances, assemblies, markets—as well as at the very spot where it was discovered, for that is where the owner is most likely to search. He should also notify the responsible authorities, such as the police. In our day the search may be publicised in newspapers, on radio, or on television when the lost item is of significant value.
-
If the owner is not located during that year, the finder is permitted to make use of the property, while remaining prepared to hand over to the owner its equivalent if it is fungible, or its monetary value if it is non-fungible.
-
Once the twelve months have elapsed without the owner being found, ownership passes automatically to the finder—an involuntary transfer akin to inheritance. Should the owner appear after the year has passed, he is entitled to the equivalent, or to the very item itself if it is still intact.
-
Whenever the owner comes, even after a long interval, and can accurately describe the item, it must be returned to him. A precise description is itself sufficient evidence; no witnesses or oath are required, for the description serves as proof, and proof is determined by whatever brings the truth to light. This is a general rule for any property claimed by someone who has no rival claimant: his detailed description alone suffices.
-
With stray camels and similar animals that can protect themselves—whether by their strength, their speed, or their ability to fly—it is unlawful to take possession of them, for the natural qualities Allah has given them safeguard them. However, if such an animal is found in a place where it would otherwise perish, it should be driven to safety purely as a rescue, not as a means of acquisition.
-
As for a lost sheep, the best course—once it has been taken—is to do whatever is most beneficial: slaughter and eat it while recording its value, sell it and safeguard the proceeds, or keep the animal during the announcement period. Leaving it untaken exposes it to certain destruction. If the owner arrives, he may reclaim the sheep itself, its value, or its sale price; if he does not appear, the animal becomes the property of the finder.