Chapter on Lost Property and Stray Animals

In a narration from Mas'adah ibn Ziyad, from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, that Imam Ali ibn Abi Talib عليه السلام said: "Beware of taking lost property, for it is the loss of a believer, and it is a flame from the flames of Hell."

Ali ibn Ja'far asked his brother Imam Musa ibn Jafar Al-Kadhim عليه السلام about a lost item found by a poor person, whether he is in the same position regarding it as a wealthy person. Imam عليه السلام said: "Yes." Imam عليه السلام further said: " Imam Ali ibn Al-Hussain عليه السلام used to say, 'It belongs to its owner, do not touch it.'" He (Ali ibn Ja'far) said: I also asked Imam عليه السلام about a man who finds a dirham, a piece of clothing, or a riding animal, what should he do? Imam عليه السلام said: "He should announce it for one year. If its owner does not come forward, he should keep it as part of his property until its claimant appears, and then he must return it. If he dies, he should include it in his will, and he is responsible for it."

Ibn Mahbub narrated from Jamil ibn Salih, from Abu Abdullah عليه السلام, who said: I asked Imam عليه السلام about a man who found a dinar in his house. Imam عليه السلام said: "Does anyone else enter his house?" I said: "Yes, many people enter." Imam عليه السلام said: "Then it is considered lost property (luqata)." I asked: "What about a man who found a dinar in his locked box?" Imam عليه السلام said: "Does anyone else put their hand into his box or place something in it?" I said: "No." Imam عليه السلام said: "Then it belongs to him."

Muhammad ibn Isa narrated from Muhammad ibn Raja' al-Khiyyat, who said: I wrote to al-Tayyib Imam Ali ibn Muhammad Al-Hadi عليه السلام: "I was in the Sacred Mosque (Masjid al-Haram) and saw a dinar. I reached out to take it, and then I found another one. I searched the pebbles and found a third. I took them and announced them, but no one claimed them. What do you advise regarding this matter?" Imam عليه السلام wrote in reply: "I have understood what you mentioned about the dinars. If you are in need, then give one-third of them in charity. But if you are wealthy, then give all of them in charity."

Al-Hasan ibn Mahbub narrated from Safwan ibn Yahya al-Jammal that he heard Abu Abdullah عليه السلام say: "Whoever finds lost property and does not announce it, then it is later found in his possession, it must be returned to its owner, and he must also pay an equivalent amount from his own wealth for having concealed it."

It is narrated from Abu al-Ala, who said: I asked Abu Abdullah عليه السلام about a man who found some money, announced it for a year, and then used it to buy a servant. Later, the owner of the money came and found that the servant purchased with the money was actually his daughter. Imam عليه السلام said: "He is only entitled to take the money and not the daughter. What he is entitled to is his principal amount, as the daughter was previously the property of others."

Abu Khadijah Salim ibn Mukram al-Jammal narrated from Abu Abdullah عليه السلام that Dharih asked him about a servant who picks up lost property. Imam عليه السلام said: "What does a servant have to do with lost property? A servant does not own anything for himself, so he should not interfere with it. It is proper for a free person to announce it for one year in a public gathering. If its owner comes, he should return it to him. Otherwise, it becomes part of his property. If he dies, it becomes inheritance for his children and those who inherit from him. But if the owner comes after that, they must return it to him."

Dawud ibn Abi Yazid asked him about finding a water container, a pair of sandals, or a whip on the road, whether a person may use them. Imam عليه السلام said: "He should not touch them."

Imam عليه السلام said: "There is no harm in picking up lost items such as a staff, a strap, a peg, a rope, a hobble, and similar things."

Imam عليه السلام was asked about a lost sheep in the wilderness. Imam عليه السلام said to the questioner: "It is either yours, your brother's, or the wolf's." Then Imam عليه السلام said: "I do not like to touch it." And when asked about a lost camel, Imam عليه السلام said: "What do you have to do with it? Its belly is its container, its hooves are its shoes, and its stomach is its water carrier. Leave it alone."

It is narrated from Hanan ibn Sadir, who said: A man asked Abu Abdullah عليه السلام about lost property while I was listening. Imam عليه السلام said: "Announce it for one year. If you find its owner, return it to him; otherwise, you are more entitled to keep it."

Al-Sakuni narrated from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: Imam Ali ibn Abi Talib عليه السلام ruled regarding a man who abandoned his animal due to hardship. Imam عليه السلام said: "If he left it in a place with grass, water, and safety, it remains his, and he may reclaim it wherever he finds it. But if he left it in a place with danger, without water or grass, then it belongs to whoever finds it."

It is narrated from Wahb ibn Wahb, from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: I asked Imam عليه السلام about the reward for returning a runaway slave or lost property. Imam عليه السلام said: "There is no harm in it."

Al-Husayn ibn Zayd narrated from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: Commander of the Faithful عليه السلام used to say regarding lost property found by someone who intends to take a reward for returning it, but it dies (or perishes): "He is liable for it. However, if he did not intend to take a reward and it dies (or perishes), then he is not liable for it."

It is narrated from Abdullah ibn Ja'far al-Himyari, who said: I wrote to Imam عليه السلام asking about a man who bought a camel, a cow, a sheep, or any other animal, whether for sacrifice or otherwise. After slaughtering it, he found a pouch inside it containing dirhams, dinars, jewels, or other valuable items. To whom does it belong, and what should he do with it? Imam عليه السلام wrote in response: "Inform the seller about it. If he does not claim it, then it is yours, Allah سبحانه وتعالى has provided it for you."

Al-Hajjal narrated from Dawud ibn Abi Yazid, from Abu Abdullah عليه السلام, who said: A man said to Imam عليه السلام: "I have come across some wealth, and I fear for my safety because of it. If I were to find its owner, I would return it to him and be free from it." Imam عليه السلام said to him, "By Allah سبحانه وتعالى, if you were to find its owner, would you truly return it to him?" The man replied: "Yes, by Allah سبحانه وتعالى." Imam عليه السلام then said: "By Allah سبحانه وتعالى, it has no owner other than me." Imam عليه السلام then made the man swear to distribute it as Imam عليه السلام instructed. The man swore, and Imam عليه السلام said: "Go and distribute it among your brothers, and you are safe from what you feared." So, the man divided it among his brothers.

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said: "The best approach for a person regarding lost property (luqata) when they find it is to leave it and not touch it. If people were to leave what they find, its owner would eventually come and take it."