Sunan Abi Dawud
The Book of Lost and Found Items
كتاب اللقطة
Chapter 567
Muhammad ibn Kathir narrated to us; Shubah informed us, from Salamah ibn Kuhayl, from Suwayd ibn Ghafalah, who said: I went on a campaign with Zayd ibn Suhan and Salman ibn Rabiah and found a whip. They told me to leave it. I said: No; if I find its owner, I will return it, otherwise I will make use of it. I went on pilgrimage and passed through Medina, where I asked Ubayy ibn Kab. He said: I found a purse containing one hundred dinars, so I went to the Prophet (peace and blessings be upon him). He said: Announce it for a year. I announced it for a year, then returned to him. He said: Announce it for a year. I did so, then returned to him. He said: Announce it for a year. I did so, then returned to him and said: I have found no one who recognizes it. He said: Keep track of its amount, its tie, and its container. If its owner comes, give it to him; otherwise, make use of it. The narrator added: I do not know whether he said Announce it three times or only once.
Musaddad narrated to us; Yahya narrated to us, from Shubah, with a similar report. He said: Announce it for a year. He said it three times. The narrator said: I do not know whether he told him that to mean one year or three years.
Musa ibn Ismail narrated to us; Hammad narrated to us; Salamah ibn Kuhayl narrated to us, with his chain and a similar report. Regarding announcing it, he said: For two or three years. He also said: Note its amount, its container, and its tie. He added: If its owner comes and identifies its amount and tie, return it to him. Abu Dawud said: In this report, only Hammad says these words, meaning that the owner identifies its amount.
Qutaybah ibn Said narrated to us; Ismail ibn Jafar narrated to us, from Rabiah ibn Abi Abd al-Rahman, from Yazid, the freedman of al-Munbaith, from Zayd ibn Khalid al-Juhani: A man asked the Messenger of Allah (peace and blessings be upon him) about lost property. He said: Announce it for a year, then note its tie and its container; after that, make use of it. If its owner comes, return it to him. The man asked: Messenger of Allah, what about a lost sheep? He replied: Take it; it is either yours, your brother's, or the wolf's. He asked: Messenger of Allah, what about a lost camel? The Messenger of Allah (peace and blessings be upon him) became angry until his cheeks—or his face—turned red, and said: What concern is it of yours? It has its own shoes and water-bag until its owner comes to it.
Ibn al-Sarh narrated to us; Ibn Wahb narrated to us; Malik informed me, with his chain and meaning. He added: Its water-bag lets it reach water, and it eats from trees. He did not say Take it regarding a stray sheep. About found property he said: Announce it for a year; if its owner comes, return it, otherwise do with it as you wish. He did not mention making use of it. Abu Dawud said: Al-Thawri, Sulayman ibn Bilal, and Hammad ibn Salamah also narrated it from Rabiah in similar wording; they did not say Take it.
Muhammad ibn Rafi and Harun ibn Abdullah narrated to us, in meaning; they said: Ibn Abi Fudayk narrated to us, from al-Dahhak—meaning Ibn Uthman—from Salim Abu al-Nadr, from Busr ibn Said, from Zayd ibn Khalid al-Juhani: The Messenger of Allah (peace and blessings be upon him) was asked about found property. He said: Announce it for a year. If someone seeking it comes, return it to him; otherwise, identify its container and tie, then use it. If its owner comes, return it to him.
Ahmad ibn Hafs narrated to us; my father narrated to me; Ibrahim ibn Tahman narrated to me, from Abbad ibn Ishaq, from Abdullah ibn Yazid, from his father, Yazid, the freedman of al-Munbaith, from Zayd ibn Khalid al-Juhani, who said: The Messenger of Allah (peace and blessings be upon him) was asked, and he mentioned a report similar to that of Rabiah. He was also asked about found property and said: Announce it for a year. If its owner comes, give it to him; otherwise, identify its tie and container, then add it to your own property. If its owner comes, return it to him.
Musa ibn Ismail narrated to us, from Hammad ibn Salamah, from Yahya ibn Said and Rabiah, with the chain and meaning of Qutaybah's report. He added: If the person seeking it comes and identifies its container and amount, return it to him. Hammad also narrated a similar report from Ubayd Allah ibn Umar, from Amr ibn Shuaib, from his father, from his grandfather, from the Prophet (peace and blessings be upon him). Abu Dawud said: This addition made by Hammad in the reports of Salamah ibn Kuhayl, Yahya ibn Said, Ubayd Allah ibn Umar, and Rabiah—that if its owner comes and identifies its container and tie, it should be returned to him—is not preserved. The report of Uqbah ibn Suwayd, from his father, from the Prophet (peace and blessings be upon him), also says: Announce it for a year. The report of Umar ibn al-Khattab from the Prophet (peace and blessings be upon him) also says: Announce it for a year.
Musaddad narrated to us; Khalid, meaning al-Tahhan, narrated to us; and Musa ibn Ismail narrated to us; Wuhayb narrated to us, in meaning, from Khalid al-Hadhdha, from Abu al-Ala, from Mutarrif—meaning Ibn Abdullah—from Iyad ibn Himar, who said: The Messenger of Allah (peace and blessings be upon him) said: Whoever finds lost property should have one or two trustworthy people witness it, and should neither conceal it nor hide it. If he finds its owner, let him return it to him; otherwise, it is the property of Allah, Mighty and Majestic, which He gives to whomever He wills.
Qutaybah ibn Said narrated to us; al-Layth narrated to us, from Ibn Ajlan, from Amr ibn Shuaib, from his father, from his grandfather Abdullah ibn Amr ibn al-As, from the Messenger of Allah (peace and blessings be upon him): He was asked about fruit still hanging on trees and said: Whoever eats from it with his mouth out of need, without carrying any away in his garment, owes nothing. Whoever leaves with any of it must pay twice its value and be punished. Whoever steals any of it after it has been gathered in the threshing floor, if its value reaches that of a shield, is subject to amputation. He mentioned stray camels and sheep as others have. He was asked about found property and said: Whatever is found on a well-traveled road or in a populated town, announce it for a year. If someone comes seeking it, return it to him; if no one comes, it is yours. Whatever is found in ruins—meaning abandoned places—and buried treasure are subject to a fifth.
Muhammad ibn al-Ala narrated to us; Abu Usamah narrated to us, from al-Walid—meaning Ibn Kathir—who narrated to me from Amr ibn Shuaib, with this chain and report. Regarding a stray sheep, he said: Gather it.
Musaddad narrated to us; Abu Awanah narrated to us, from Ubayd Allah ibn al-Akhnas, from Amr ibn Shuaib, with this chain and report. Regarding a stray sheep, he said: It is yours, your brother's, or the wolf's—take it. Ayyub and Yaqub ibn Ata also said the same, from Amr ibn Shuaib, from the Prophet (peace and blessings be upon him): Take it.
Musa ibn Ismail narrated to us; Hammad narrated to us. Ibn al-Ala also narrated to us; Ibn Idris narrated to us, from Ibn Ishaq, from Amr ibn Shuaib, from his father, from his grandfather, from the Prophet (peace and blessings be upon him), with this report. Regarding a stray sheep, he said: Gather it until someone comes seeking it.
Muhammad ibn al-Ala narrated to us; Abdullah ibn Wahb narrated to us, from Amr ibn al-Harith, from Bukayr ibn al-Ashajj, from Ubayd Allah ibn Miqsam, who related to him from a man, from Abu Said al-Khudri: Ali ibn Abi Talib found a dinar and brought it to Fatimah. She asked the Messenger of Allah (peace and blessings be upon him) about it. He said: It is provision from Allah, Mighty and Majestic. The Messenger of Allah, Ali, and Fatimah ate from it. Later, a woman came looking for the dinar, and the Messenger of Allah (peace and blessings be upon him) said: Ali, return the dinar.
Al-Haytham ibn Khalid al-Juhani narrated to us; Waki narrated to us, from Sad ibn Aws, from Bilal ibn Yahya al-Absi, from Ali, may Allah be pleased with him: He found a dinar and bought flour with it. The flour seller recognized its owner and returned the dinar to him. Ali took it and cut two qirats from it, then bought meat with them.
Jafar ibn Musafir al-Tinnisi narrated to us; Ibn Abi Fudayk narrated to us; Musa ibn Yaqub al-Zamai narrated to us, from Abu Hazim, from Sahl ibn Sad, who reported to him that Ali ibn Abi Talib entered upon Fatimah while Hasan and Husayn were crying. He asked what was making them cry. She said: Hunger. Ali went out and found a dinar in the market. He came to Fatimah and told her. She said: Go to so-and-so, the Jewish man, and get some flour. Ali went to the man and bought flour with the dinar. The Jewish man said: Are you the son-in-law of the one who claims to be the Messenger of Allah? He replied: Yes. The man said: Take your dinar back; the flour is yours. Ali left and went to Fatimah and told her. She said: Go to the butcher and get us one dirham's worth of meat. He went and pledged the dinar for meat worth one dirham, then brought it home. She kneaded the dough, lit the oven, baked the bread, and sent for her father. He came to them. She said: Messenger of Allah, I will tell you what happened; if you consider it lawful for us, we will eat it, and you may eat with us. He said: Eat, saying Allah's name. They began eating. While they were still there, a young man came calling upon Allah and Islam for the return of the dinar. The Messenger of Allah (peace and blessings be upon him) had him brought and asked him. He said: I dropped it in the market. The Prophet (peace and blessings be upon him) said: Ali, go to the butcher and tell him that the Messenger of Allah says: Send me the dinar, and I will pay your dirham. The butcher sent it, and the Messenger of Allah (peace and blessings be upon him) gave it to the man.
Sulayman ibn Abd al-Rahman al-Dimashqi narrated to us; Muhammad ibn Shuaib narrated to us, from al-Mughirah ibn Ziyad, from Abu al-Zubayr al-Makki, who reported to him from Jabir ibn Abdullah, who said: The Messenger of Allah (peace and blessings be upon him) allowed us to pick up a staff, whip, rope, and similar items and make use of them. Abu Dawud said: Al-Numan ibn Abd al-Salam narrated it from al-Mughirah Abu Salamah with its chain, and Shababah narrated it from Mughirah ibn Muslim, from Abu al-Zubayr, from Jabir, who said: They used to do so; he did not mention the Prophet (peace and blessings be upon him).
Makhlad ibn Khalid narrated to us; Abd al-Razzaq narrated to us; Mamar informed us, from Amr ibn Muslim, from Ikrimah—so I think—from Abu Hurayrah, that the Prophet (peace and blessings be upon him) said: The compensation for a concealed stray camel is its value and an equal amount in addition.
Yazid ibn Khalid ibn Mawhab and Ahmad ibn Salih narrated to us; they said: Ibn Wahb narrated to us; Amr informed me, from Bukayr, from Yahya ibn Abd al-Rahman ibn Hatib, from Abd al-Rahman ibn Uthman al-Taymi: The Messenger of Allah (peace and blessings be upon him) forbade taking found property belonging to a pilgrim. Ahmad said: Ibn Wahb explained that such property should be left where it is until its owner finds it. Ibn Mawhab said: From Amr.