The Book of Lost Property

كتاب اللقطة

Chapter 1: Picking up property lost by a pilgrim

Zaid b. Khalid al-Juhani reported

A man came to Allah's Apostle (ﷺ) and asked him about picking up of stray articles. He said: Recognise (well) its bag and the strap (by which it is tied) then make announcement of that for a year. If its owner comes (within this time return that to him), otherwise it is yours. He (again) said: (What about) the lost goat? Thereupon he (the Holy Prophet) said: It is yours or for your brother, or for the wolf. He said: (What about) the lost camel? Thereupon he said: You have nothing to do with it; it has a leather bag along with it, and its shoes also. It comes to the watering-place, eats (the leaves of the) trees until its master finds him.

Zaid b. Khalid al-Juhani reported that a person asked Allah's Apostle (ﷺ) about picking up of stray articles, whereupon he said

Make announcement about it for a year, and recognise well the strap and the bag (containing that) ; then spend that; and if its owner comes, make him the payment of that. He (the inquirer) said: Messenger of Allah, what about the lost goat? he said: Take it, for that is yours or for your brother, or for the wolf. He (again) said: (What about) the lost camel? The Messenger of Allah (ﷺ) was enraged until his cheeks became red (or his face became red) and then said: You have nothing to do about that; it has feet and a leather bag (to quench its thirst) until its owner finds it.

This hadith has been narrated on the authority of Rabi'a b. Abu Abd al-Rahman with the same chain of transmitters but with this addition

" There came a person to Allah's Messenger (ﷺ) while I was with him, and he asked him about picking up of a stray article, and he said: When none comes to demand it, then spend that."

Zaid b. Khalid al-Juhani reported. There came to Allah's Messenger (ﷺ) a person, the rest of the hadith is the same but with the variation (of these words)

His face became red, his forehead too, and he felt annoyed; and made an addition after the words: He should make announcement of that for a year, and if its owner does not turn up, then it is a trust with you.

Zaid b. Khalid al-Juhani, the Companion ot Allah's Messenger (ﷺ), said that Allah's Messenger (ﷺ) was asked about the picking up of stray gold or silver, whereupon he said

Recognise well the strap and the bag (containing) that and then make an announcement regarding that for one year, but if none recognises it, then spend that and it would be a trust with you; and if someone comes one day to make demand of that, then pay that to him. He (the inquirer) asked about the lost camel, whereupon he said: You have nothing to do with that. Leave that alone, for it has feet and also a leather bag, it drinks water, and eats (the leaves) of the trees. He asked him about sheep, whereupon he said: Take it, it is for you, or for your brother, or for the wolf.

Zaid b. Khalid al-Juhani reported

A person asked Allah's Apostle (ﷺ) about a lost camel; Rabi'a made this addition: He (the Holy Prophet) was so much annoyed that his cheeks became red." The rest of the hadith is the same. He (the narrator) made this addition:" If its (that of the article) owner comes and he recognises the bag (which contained it) and its number, and the strap. then give that to them, but if not, then it is for you."

Zaid b. Khalid al-Juhani reported that Allah's Messenger (ﷺ) was asked about picking up of stray things, whereupon he said

Make announcement of that for one year, but if it is not recognised (by the owner), then recognise its big and strap, then eat it; and if its owner comes, then give that to him. This hadith has been narrated on the authority of Al-Dahhak b. Uthman with the same chain of transmitters but with a slight variation of words.

Salama b. Kuhail reported

I heard Sowaid b. Ghafala say: I went out, and also Zaid b. Suhan and Salman b. Rabi'a for Jihad, and I found a whip and took it up. They said to me: Leave it. I said: No. but I will make announcement of it and if its owner comes (then I will return that), otherwise I will use it, and I refused them. When we returned from Jihad. by a good fortune for me, I performed Pilgrimage. I came to Medina and met Ubayy b. Ka'b, and related to him the affair of the whip and their opinion (the opinion of Zaid b. Suhan and Salman b. Rabi'a) about it (i. e. I should throw it). Thereupon he said: I found a money bag during the lifetime of Allah's Messenger (ﷺ) which contained one hundred dinars. I came to him along with it, and he said: Make an announcement of it for one year; so I announced it, but did not find anyone who could (claim it after) recognising it. I again came to him and he said: Make announcement for one year. So I made announcement of it, but I found none who could recognise it. I came to him he said: Make announcement of it for one year. I made announcement of that but did not find one who could recognise it, whereupon he said: Preserve (in your mind) its number, its bag and its strap, and if its owner comes (then return that to him), otherwise make use of it. So I made use of that. I (Shu'ba) met him (Salama b. Kuhail) after this in Mecca, and he said: I do not know whether he said three years or one year.

Shu'ba reported

Salama b. Kuhail informed me or he informed people and I was among them. He said: I heard Sawaid b. Ghafala who reported: I went out along with Zaid b. Suhan and Salman b. Rabi'a, and found a whip, the rest of the hadith is the same up to the words:" I made use of that." Shu'ba said: I heard him say after ten years, that he made an announcement of it for one year.

This hadith has been narrated on the authority of Salama b. Kuhail through different chains of transmitters. In their ahadith, it is three years, except in the hadith of Hammid b. Salama it is two years or three years. In the hadith transmitted on the authority of Sufyan and Zaid b. Abu Unaisa and Hammid b. Salama (the words are)

" If someone comes and informs you about the number (of articles) of the bag and the straps, then give that to him." Sufyan has made this addition in the narration of Waki':" Otherwise it is like your property." And in the narration of Ibn Numair the words are:" Otherwise make use of that."

Chapter 2: Milking animals is unlawful if the owner has not given permission

'Abd al-Rahman b. 'Uthman al-Taimi reported that Allah's Messenger (ﷺ) forbade taking into custody the stray thing of the pilgrims.

Zaid b. Khalid al-Juhani reported Allah's Messenger (ﷺ) as sayin.

He who found a stray article is himself led astray if he does not advertise it.

Chapter 3: Hospitality etc

Ibn 'Umar reported Allah's Messenger (ﷺ) having said this

None (of you) should milk the animal of another, but with his permission. Does any one of you like that his chamber be raided, and his vaults be broken, and his foodstuff be removed? Verily the treasures for them (those who keep animals) are the udders of the animals which feed them. So none of you should milk the animal of another but with his permission.

This hadith has been narrated through another chain of transmitters with a slight variation of words.

Chapter 4: It is recommended to spend surplus wealth

Abd Shuraib al-Adawi reported

My eare listened and my eye saw when Allah's Messenger (ﷺ) spoke and said: He who believes In Allah and the eireafter should show respect to the guest even with utmost kindness and courtesy. They said: Messenger of Allah, what is this utmost kindness and courtesy? He replied: It is for a day and a night. Hospitality extends for three days, and what is beyond that is a Sadaqa for him; and he who believes in Allah and the Hereafter should say something good or keep quiet.

Abu Shuriah al-Khuza'i reported Allah's Messenger (ﷺ) as saying

(The period of the entertainment of a guest is three days, and utmost kindness and courtesy is for a day and a night. =" It is not permissible for a Muslim to stay with, his brother until he makes him sinful. They said: Messenger of Allah, how he would make him sinful? He (the Holy Prophet) said: He stays with him (so long) that nothing is left with him to entertain him.

Sa'id al-Maqburi reported

I heard Abu Shuraih al-Khuzill saying: My ears heard and my eyes saw and my mind retained it, when Allah's Messenger (ﷺ) spok this, and he then narrated the hadith and made mention of this:" It is not permissible for any one of you to stay with his brother until he makes him sinful."

'Uqba b. Amir reported

We said to Allah's Messenger (ﷺ): You send us out and we come to the people who do not give us hospitality, so what is your opinion? Thereupon Allah's Messenger (ﷺ) said: If you come to the people who order for you what is befitting a guest, accept it; but if they do not. take from them what befits them to give to a guest.

Chapter 5: It is recommended to mix provisions if they are few, and to share them out

Abu Sa'id al-Khudri reported

While we were with the Messenger of Allah (ﷺ) on a journey, a person came upon his mount and began to stare on the right and on the left, (it was at this moment) that Allah's Messenger (ﷺ) said: He who has an extra mount should give that to one who has no mount for him, and he who has surplus of provisions should give them to him who has no provisions, and he made mention of so many kinds of wealth until we were of the opinion that none of us has any right over the surplus.