حَدَّثَنَا مُحَمَّدُ بْنُ يُوسُفَ، حَدَّثَنَا سُفْيَانُ، عَنْ رَبِيعَةَ، عَنْ يَزِيدَ، مَوْلَى الْمُنْبَعِثِ عَنْ زَيْدِ بْنِ خَالِدٍ ـ رضى الله عنه ـ أَنَّ أَعْرَابِيًّا، سَأَلَ النَّبِيَّ صلى الله عليه وسلم عَنِ اللُّقَطَةِ قَالَ ‏"‏ عَرِّفْهَا سَنَةً، فَإِنْ جَاءَ أَحَدٌ يُخْبِرُكَ بِعِفَاصِهَا وَوِكَائِهَا، وَإِلاَّ فَاسْتَنْفِقْ بِهَا ‏"‏‏.‏ وَسَأَلَهُ عَنْ ضَالَّةِ الإِبِلِ فَتَمَعَّرَ وَجْهُهُ، قَالَ ‏"‏ مَا لَكَ وَلَهَا مَعَهَا سِقَاؤُهَا وَحِذَاؤُهَا، تَرِدُ الْمَاءَ وَتَأْكُلُ الشَّجَرَ، دَعْهَا حَتَّى يَجِدَهَا رَبُّهَا ‏"‏‏.‏ وَسَأَلَهُ عَنْ ضَالَّةِ الْغَنَمِ‏.‏ فَقَالَ ‏"‏ هِيَ لَكَ أَوْ لأَخِيكَ، أَوْ لِلذِّئْبِ ‏"‏‏.‏
Translation
Narrated Zaid bin Khalid

A bedouin asked the Prophet (ﷺ) about the Luqata. The Prophet (ﷺ) said, "Make public announcement about it for one year and if then somebody comes and describes the container of the Luqata and the string it was tied with, (give it to him); otherwise, spend it." He then asked the Prophet (ﷺ) about a lost camel. The face of the Prophet (ﷺ) become red and he said, "You have o concern with it as it has its water reservoir and feet and it will reach water and drink and eat trees. Leave it till its owner finds it." He then asked the Prophet (ﷺ) about a lost sheep. The Prophet (ﷺ) said, "It is for you, for your brother, or for the wolf."

Comment

Lost Things Picked up by Someone (Luqatah) - Sahih al-Bukhari 2438

A traditional commentary from the perspective of classical Islamic scholarship on the rulings concerning found property and lost animals.

The Luqatah (Found Property)

The Prophet (ﷺ) prescribed announcing found property for one full year, allowing sufficient time for the rightful owner to claim it. The requirement to describe both the container and its tying string establishes stringent verification to prevent false claims.

Scholars explain that after one year, the finder may use the property, considering it a trust from Allah. This ruling applies to items that would typically be preserved and not perish, unlike food items which have different rulings.

The Lost Camel

The Prophet's (ﷺ) facial redness indicates the seriousness of interfering with lost camels. Camels possess natural survival mechanisms - they can find water and sustenance independently.

Classical scholars emphasize that taking such animals constitutes usurpation of property, as they can survive until their owner retrieves them. This ruling reflects the Islamic principle of protecting property rights.

The Lost Sheep

Unlike camels, sheep lack the same survival capabilities. The Prophet's (ﷺ) statement "It is for you, for your brother, or for the wolf" indicates permission to take possession.

Scholars explain that leaving sheep would likely result in their death or loss, so taking them serves as preservation of wealth. However, the finder should still attempt to locate the owner through appropriate means.

Legal Wisdom

These rulings demonstrate Islam's nuanced approach to lost property, balancing the rights of owners with practical considerations. The differentiation between various types of animals shows the Shariah's attention to contextual realities.

The underlying principle remains the preservation of wealth and prevention of loss, while maintaining strict honesty and trustworthiness in all transactions involving others' property.