Firstly, linguistically, “laqṭ” means to take something, such as the saying of Allāh Almighty: “so the family of Pharoah took him” [Al-Qaṣaṣ: 8]. Islamically, it means a protected property found in an unsecured location with an unknown owner.

Protected property: the property of a Muslim, a dhimmī (non-Muslim under Islamic protection), or a musta᾽man (non-Muslim in Muslim lands under a peace agreement).

Found in an unsecured location: to exclude items found in a locked place, such as inheritance in a father’s safe or property in the safes of rulers and officials without distinguishing the rightful owner.

Secondly, the majority of scholars permit picking up found items, especially if there is a fear that they might be lost or damaged. The rulings can be categorized as follows:

• Obligatory to pick up: If there is a fear of the item being lost, picking it up is a duty to preserve it.
• Recommended to pick up: If there is no fear of loss and the finder is confident in their ability to announce it.
• Forbidden to pick up: If the finder intends to keep the item for themselves rather than return it to its owner.
• Disliked to pick up: If the finder doubts their own honesty and fears they may not return it.
• Permissible to pick up: If picking it up or leaving it makes no difference.

Thirdly, there is no difference between a found item in a Muslim-majority country and a non-Muslim-majority country where Muslims live under a peace agreement. The ruling remains the same, except in a land of war or with combatants, where the found item can be taken as spoils without needing to announce it, such as in occupied Palestine or Kashmir.

Fourthly, some rulings regarding protected found items:

1. Testimony: It is recommended to seek witness for the finding:

This is for the ḥadīth: “He who finds something should call one or two trusty people as witness and not conceal it or cover it up; then if he finds its owner he should return it to him, otherwise it is God’s property which he gives to whom He will.” [Narrated by ᾽Aḥmad, Abū Dāwūd, and Ibn Mājah from ῾Iyāḍ ibn Ḥimār].

Scholars differed on whether this is obligatory or recommended. The Ẓāhirīs, and one view of the Shāfi῾īs which is preferred by Ash-Shawkānī, argued that it is obligatory. The majority argued that it is only recommended; if the person did not do that, they are not sinful because it suffices that they guarantee the finding.

• Know its description and number:

This is for the ḥadīth ofZayd ibn Khālid: “Recognize its container and its string.” The point of argument here is to know and differentiate the description of the finding to not be mixed with the finder’s properties.

• Announcing the found item:

This is for the ḥadīth ofZayd ibn Khālid: “Whoever shelters a stray, is astray unless they announce it.” Another ḥadīth also states: “Announce it for a year.”

There is no single method for announcing; it should be done according to known customs. This can include posting on groups or social media platforms that an item was found, or announcing it in the mosque or another appropriate place. However, when making the announcement, one must ensure their own safety and that of their family, so people do not come to their home or invade their privacy. It is preferable to transfer the found item to a public place such as a mosque or church if it is thought to belong to a person of the book (Christian or Jew). If this is not done, the finder must announce the item in a way that ensures the message reaches the owner.

Exceptions to the announcement requirement include:

• Trivial items like small amounts of money that do not reach the threshold of theft.
• Perishable items such as fruit, vegetables, meat, and fish.
• Situations where announcing the item might lead to it being taken by an unjust ruler.
• Keeping the item for a year: The finder must keep the item for a year before using it for themselves, according to the ḥadīth mentioned and the opinions of the four imams and the Ẓāhirīs. For trivial items, they should be kept for three days.
• The finder’s responsibility: The finder is responsible for the item. If the owner comes to claim it, the finder must return it or its value if it has been used.

There are two scenarios in this case:

• If the owner claims it before the year is up, the finder must return it.
• If the owner comes after the year is up, the finder must return the item or its value.

If no one claims the item after the year, the majority opinion is that the finder can keep it, whether they are rich or poor. This is the view of the Shāfi῾īs, Ḥanbalīs, and Ẓāhirīs. The Ḥanafīs and Mālikīs differentiate between the poor and the rich; the poor can keep it for themselves, while the rich should donate it according to the Ḥanafīs, or they have the option to keep or donate it according to the Mālikīs.

Therefore, there is no harm in picking up trivial items (according to custom) such as those mentioned in the first part of the question. There is no need to announce them as they are usually overlooked, like pens found on the road, papers, or items left by people in front of houses for passersby. Only items of significant value should be announced.

Fatwā issued by Dr. Khālid Naṣr