Iyad ibn Himar (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: “Whoever finds lost property should have one or two just witnesses, not conceal or hide it. If its owner is found, return it to them; otherwise, it is Allah’s property, which He gives to whomever He wills.” [Narrated by Ahmad, Abu Dawud, and Ad-Darimi]

At-Tahawi narrated this narration, saying: “Have just witnesses testify to it without doubt.”

(1) The statement: Have witnesses, The apparent command indicates the obligation of witnessing, which is one of Shafi’i’s opinions and Abu Hanifah’s view. There are two opinions on the method of witnessing. First: Testify that a lost item was found without mentioning its details or features, lest a liar use this to claim it. Second: Testify to all its characteristics, so if the finder dies, the heir does not dispose of it. Some Shafi’is suggested a middle ground: Mention some characteristics but not all. An-Nawawi said: This is the sounder view. Shafi’i’s second opinion, along with Malik, Ahmad, and others, is that witnessing is not obligatory but recommended for caution, as the Prophet (ﷺ) did not command it in Zayd ibn Khalid’s narration, and if it were obligatory, he would have clarified it. I say: According to the Hanafis, witnessing is for establishing trust and removing liability only.

They differed on this. According to Abu Hanifah, if they witness, there is no liability. If they do not witness and the owner confirms the finder took it to return it, this confirmation removes liability. If the owner denies it and the finder did not witness, they are liable. According to Abu Yusuf and Muhammad, trust is established in two ways: the owner’s confirmation of the intent to return it or an oath. In Al-Bada’i: Liability arises if taken for oneself, as it is usurped, with no dispute. The disagreement is on establishing trust, which relates to liability, either through confirmation or witnessing according to Abu Hanifah, or confirmation or an oath according to Abu Yusuf and Muhammad. If it perishes and the owner confirms the intent to return it, there is no liability by consensus, even without witnessing, as trust is established by confirmation. If denied, Abu Yusuf and Muhammad say there is no liability, witnessed or not, and the finder’s word with an oath prevails. According to Abu Hanifah, if witnessed, there is no liability, as witnessing shows it was taken for the owner, establishing trust. If not witnessed, liability applies.

Ash-Shawkani said: The statement, He gives to whomever He wills, is evidence for those who say the finder owns the lost property after announcing it for a year, like Abu Hanifah, but only if poor. They cited, It is Allah’s property, saying what is attributed to Allah is owned by those eligible for charity. I say: The Hanafis did not say it is owned after a year’s announcement. They said it remains the owner’s property, and if a poor finder consumes it, it is consumed under the owner’s ownership by legal permission, not ownership, as the permitted does not own but consumes under the owner’s permission. As stated in Bazl Al-Majhood.

Iyad ibn Himar (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: “Whoever finds lost property should have one or two just witnesses, not conceal or hide it. If its owner is found, return it to them; otherwise, it is Allah’s property, which He gives to whomever He wills.” [Narrated by Ahmad, Abu Dawud, and Ad-Darimi]

At-Tahawi narrated this narration, saying: “Have just witnesses testify to it without doubt.”

(1) The statement: Have witnesses, The apparent command indicates the obligation of witnessing, which is one of Shafi’i’s opinions and Abu Hanifah’s view. There are two opinions on the method of witnessing. First: Testify that a lost item was found without mentioning its details or features, lest a liar use this to claim it. Second: Testify to all its characteristics, so if the finder dies, the heir does not dispose of it. Some Shafi’is suggested a middle ground: Mention some characteristics but not all. An-Nawawi said: This is the sounder view. Shafi’i’s second opinion, along with Malik, Ahmad, and others, is that witnessing is not obligatory but recommended for caution, as the Prophet (ﷺ) did not command it in Zayd ibn Khalid’s narration, and if it were obligatory, he would have clarified it. I say: According to the Hanafis, witnessing is for establishing trust and removing liability only.

They differed on this. According to Abu Hanifah, if they witness, there is no liability. If they do not witness and the owner confirms the finder took it to return it, this confirmation removes liability. If the owner denies it and the finder did not witness, they are liable. According to Abu Yusuf and Muhammad, trust is established in two ways: the owner’s confirmation of the intent to return it or an oath. In Al-Bada’i: Liability arises if taken for oneself, as it is usurped, with no dispute. The disagreement is on establishing trust, which relates to liability, either through confirmation or witnessing according to Abu Hanifah, or confirmation or an oath according to Abu Yusuf and Muhammad. If it perishes and the owner confirms the intent to return it, there is no liability by consensus, even without witnessing, as trust is established by confirmation. If denied, Abu Yusuf and Muhammad say there is no liability, witnessed or not, and the finder’s word with an oath prevails. According to Abu Hanifah, if witnessed, there is no liability, as witnessing shows it was taken for the owner, establishing trust. If not witnessed, liability applies.

Ash-Shawkani said: The statement, He gives to whomever He wills, is evidence for those who say the finder owns the lost property after announcing it for a year, like Abu Hanifah, but only if poor. They cited, It is Allah’s property, saying what is attributed to Allah is owned by those eligible for charity. I say: The Hanafis did not say it is owned after a year’s announcement. They said it remains the owner’s property, and if a poor finder consumes it, it is consumed under the owner’s ownership by legal permission, not ownership, as the permitted does not own but consumes under the owner’s permission. As stated in Bazl Al-Majhood.

Sahl ibn Sa’d (may Allah be pleased with him) narrated that Ali ibn Abi Talib entered Fatimah’s house while Hasan and Husayn were crying. He asked, “What makes them cry?” She said, “Hunger.” Ali went out and found a dinar in the market. He came to Fatimah and informed her. She said, “Go to so-and-so, the Jew, and buy us flour.” He went to the Jew and bought with it. The Jew said, “Are you the son-in-law of the one who claims to be Allah’s Messenger?” He said, “Yes.” The Jew said, “Take your dinar, and the flour is yours.” Ali returned to Fatimah with it and informed her. She said, “Go to so-and-so, the butcher, and buy us meat for a dirham.” He went, pawned the dinar for a dirham’s worth of meat, and brought it. She kneaded, prepared, and baked. She sent for her father (ﷺ), who came. She said, “O Messenger of Allah, I will tell you, and if you see it as lawful for us, we will eat it, and you will eat with us. The matter is such-and-such.” He said, “Eat in the name of Allah.” They ate. While they were there, a boy cried out, invoking Allah and Islam, about the dinar. The Messenger of Allah (ﷺ) ordered him summoned and asked him. He said, “It fell from me in the market.” The Prophet (ﷺ) said, “O Ali, go to the butcher and say, ‘The Messenger of Allah (ﷺ) says: Send me the dinar, and your dirham is on me.’” He sent it, and the Messenger of Allah (ﷺ) gave it to him. [Narrated by Abu Dawud]

Abdul-Razzaq narrated in his Musannaf: “He announced it for three days.”

In a narration by Muslim: “Announce it. If someone comes and informs you of its number, container, and tie, give it to them; otherwise, use it.”

In a narration by Abu Dawud: Ubayy ibn Ka’b said: “I found a purse with a hundred dinars and came to the Prophet (ﷺ). He said, ‘Announce it for a year.’ I announced it for a year, then came to him. He said, ‘Announce it for a year.’ I announced it for a year, then came to him. He said, ‘Announce it for a year.’ I announced it for a year, then came and said, ‘I found no one who recognizes it.’ He said, ‘Preserve its number, tie, and container. If its owner comes, give it to them; otherwise, use it.’”

Al-Bazzar and Ad-Daraqutni narrated from Abu Hurairah that the Messenger of Allah (ﷺ) was asked about found property and said: “Found property does not make anything lawful. Announce it for a year. If its owner comes, return it to them. If not, give it in charity. If they come, give them the choice between the reward or their property.”

It is narrated from Ibn Abbas that he said: “The rich give it in charity and neither use nor own it.”

In a narration by Abu Dawud: The Messenger of Allah (ﷺ) was asked about found property and said: “Announce it for a year. If its seeker comes, give it to them. Otherwise, note its container and tie, then consume it. If its seeker comes, deliver it to them.”

In the agreed-upon narration from Zayd ibn Khalid: He said: The Messenger of Allah (ﷺ) was asked about found gold or silver. He said, “Note its tie and container, then announce it for a year. If it is not recognized, spend it, but let it remain a trust with you. If its seeker comes one day, deliver it to them.”

(1) The statement: They ate, There is no indication of not announcing it or not waiting until it is likely the owner will not claim it. The “fa” may indicate mere sequence, not immediate succession, depending on the context. For example, it is said, “So-and-so married, and a child was born to him,” even if the interval is only the pregnancy period, though it is long. Allah says: Have you not seen that Allah sends down water from the sky, and the earth becomes green? [Al-Hajj: 63]. As stated in Al-Marqah.

In Nasb Ar-Rayah: Perhaps the interpretation is that announcement has no specific form to be valid, and consulting the Messenger of Allah (ﷺ) publicly is an announcement, supporting sufficing with one announcement. They differed on the announcement period. Muhammad, Malik, and Shafi’i set it at a year, regardless of value, based on some narrations’ apparent meaning. The sounder view according to Abu Hanifah and Abu Yusuf is that it is not fixed but delegated to the finder’s judgment, announcing until they believe the owner will not claim it. This is the chosen view of Shams Al-A’immah As-Sarakhsi, and the fatwa is based on it, as in Jami’ Al-Mudmarat and Al-Jawhara. The mention of a year in the narration is incidental, based on the norm, as stated in Sharh Al-Wiqayah, Umdat Ar-Ri’ayah, and Al-Luma’at.

(2) The statement: Announced it for three days, This supports Shams Al-A’immah’s chosen view that fixing a year or otherwise is not binding, but it is until the finder is satisfied the owner has given up. As stated in Fath Al-Qadir.

(3) The statement: Announce it, etc., The sounder view is that no fixed announcement period is binding, and it is delegated to the finder’s judgment due to this narration’s generality. The restriction to a year may be because the property in question required it. As stated in Al-Marqah.

(4) The statement: Announced it for a year, etc., This supports Shams Al-A’immah’s view that a year is not a fixed requirement, but it depends on the finder’s belief about the owner’s intent, varying by the property’s value. Since it was valuable, he was ordered to announce for three years. As stated in Fath Al-Qadir.

(5) The statement: Use it, This narration apparently contradicts the Hanafis’ view that a rich finder may not use it. The narration suggests a rich finder may use it, as Ubayy ibn Ka’b was among the Prophet’s wealthy companions, yet the Messenger of Allah (ﷺ) permitted him to use it. The response is the narration in the two Sahihs from Abu Talhah: “O Messenger of Allah, Allah says, You will not attain righteousness until you spend of what you love [Aal-E-Imran: 92]. The property I love most is Bayrha’. What do you think, O Messenger of Allah?” He said, “Give it to the poor among your relatives.” Abu Talhah gave it to Ubayy and Hassan. This clearly shows Ubayy was poor, though he may have become wealthy later. When circumstances allow for probability, evidence is weakened. As stated in Bazl Al-Majhood and Nasb Ar-Rayah, summarized.

In Al-Hidayah: Ubayy’s use was with the leader’s permission, which is permissible. Tirmidhi said after Ubayy’s narration: This is the practice among scholars, the view of Shafi’i, Ahmad, and Ishaq, who said the finder may use it if rich. If found property were only lawful for those eligible for charity, it would not be lawful for Ali ibn Abi Talib, yet he was ordered to consume the dinar when he found it and no one recognized it. Tirmidhi’s point is that use does not mean charity. Imam As-Sarakhsi responded in Al-Mabsut: Regarding Ali’s narration, obligatory charity was not lawful for him, but this was not of that type. It was voluntary charity, permissible for the Prophet’s family according to most of us, so we permit found property for ascendants and descendants, distinguishing between zakat and giving found property in charity. As stated in Bazl Al-Majhood and Al-Arf Ash-Shadhi.

(6) The statement: Give it in charity, etc., Al-Qadi said: If someone finds property, announces it for a year, and the owner does not appear, they may own it, whether rich or poor, as held by Shafi’i and Ahmad. Ibn Abbas said: The rich give it in charity and neither use nor own it, as held by Abu Hanifah’s companions, supported by this narration. As stated in Al-Marqah.

(7) The statement: It is narrated from Ibn Abbas, etc., As stated in Al-Marqah.

(8) The statement: Then consume it, and if its seeker comes, deliver it to them, Al-Hafiz said: Scholars differed on whether, after announcing for a year and disposing of the property, the finder is liable if the owner comes. The majority said the item must be returned if it exists, or its value if consumed. Al-Karabisi, a Shafi’i companion, disagreed, as did Bukhari and Dawud ibn Ali, the Zahiri leader, though Dawud agreed with the majority if the item exists. The majority’s evidence includes the upcoming narration, Let it remain a trust with you, and Muslim’s narration, Note its container and tie, then consume it, and if its owner comes, deliver it to them, and more explicitly, Abu Dawud’s narration: If its seeker comes, deliver it to them; otherwise, note its container and tie, then consume it, and if its seeker comes, deliver it to them. The command to deliver it before and after permitting consumption is the majority’s strongest evidence. As stated in Bazl Al-Majhood.

(9) The statement: Deliver it to them, Meaning if the claimant proves its mark, it is lawful to deliver, but not obligatory without proof, according to us. Shafi’i said delivery is obligatory if the mark is proven. According to us, delivery is not judicially required without evidence, but conscientiously, it should be returned. As stated in Sharh Al-Wiqayah and Al-Arf Ash-Shadhi.

In Al-Inayah: We say the command in this narration must be interpreted as permission to reconcile with the well-known narration, The burden of proof is on the claimant. If not interpreted as permission but obligation, it would lead to contradiction necessitating abandonment.

(10) The statement: Spend it, etc., This indicates clearly that found property is a trust with the finder. The command to spend on oneself is not for ownership but because its purpose is charity. If the finder is poor and needy, it is permitted to give charity to oneself, as the Messenger of Allah (ﷺ) ordered delivery to the owner after spending, meaning the item if it exists or its value if consumed. As stated in Bazl Al-Majhood.

he (the Prophet ﷺ) continued announcing it (the receipt of the dinar) for three days.

Continue to announce the found items. If someone (who is the owner) comes and estimates the number and describes the container or jar in which it was kept along with the seal (details of the money), then return it to him and take advantage of it.

I found a sealed bag containing one hundred dinars. When I presented it to the Messenger of Allah ﷺ, he said, 'Announce it for one year, and if its owner does not come forward, then keep it.' After one year, when no one came forward, I again presented it to the Messenger of Allah ﷺ, who said, 'Announce it for another year.' After another year, when no one came forward, I presented it to the Messenger of Allah ﷺ once more, who said, 'Announce it for yet another year.' After another year, when no one came forward, I presented it to the Messenger of Allah ﷺ and said, 'O Messenger of Allah! No one has come forward to claim the dinars.' The Messenger of Allah ﷺ said, 'Remember their number, including the silver and gold coins. If the owner comes forward, return them; otherwise, use them, but remove the seal.' Qatadah narrated that when Abu Hurairah (RA) was asked about lost property, the Messenger of Allah ﷺ said, 'It is not permissible to use anything from lost property without announcing it. It should be announced for one year. If the owner comes forward, return it to him; if not, give it in charity. If the owner comes forward after you have given it in charity, give him the choice to take the charity or the reward for the charity.' Qatadah also narrated that if the finder is wealthy, he should give it in charity and not remove the seal, nor should he consider it his own property.

It is not permissible to use anything from a found item without announcing it. One should announce it for a year. If its owner comes forward, return it to him; if he does not come forward, then give it in charity. And after giving it in charity, you may either take its reward or leave it.

Qutayni (may Allah be pleased with him) said: 'And Lughtah Tha Walaghni would give it as charity, and he would not pick up a morsel, nor would he look at it as part of his property.'

Announce it for one year. If its owner comes forward, return it to him; otherwise, use it. After that, if the owner comes forward, give him its equivalent.

The Messenger of Allah ﷺ replied: 'Recognize its distinguishing marks and features well, then announce it for one year. If you do not find its owner, spend the cost of maintaining it, and keep it as a trust with you. When the claimant comes, give it back to him along with its value in dirhams or dinars.'

Jabir (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) permitted us to take a stick, whip, rope, or similar items for the finder to use. [Narrated by Abu Dawud]

(1) The statement: Use it, Imam As-Sarakhsi said in Al-Mabsut: Found items are of two types. First: Those the owner is unlikely to seek, like pomegranate peels or date pits. Second: Those the owner is likely to seek. The first type may be taken and used, but if the owner finds it in the finder’s possession after collecting it, they may take it, as the owner’s discarding it permits use, not ownership, as ownership from an unknown person is invalid. The owner’s ownership does not cease by permission, but the permitted may use it while the owner’s ownership remains. If the owner finds it, they find their property, as the Prophet (ﷺ) said, “Whoever finds their property is most entitled to it.” The second type, which the owner seeks, must be preserved and announced to return to its owner. Summarized.

I say: If a stick, whip, or rope is among trivial items the owner does not seek, it need not be announced, and the finder may use it. If it is of the second type, it may not be used, and announcement is required based on its value. As stated in Bazl Al-Majhood.

Anas (may Allah be pleased with him) narrated that the Prophet (ﷺ) passed by a date on the road and said: “Were it not that I fear it might be from charity, I would have eaten it.” [Agreed upon]

This indicates the permissibility of trivial items immediately.

In the agreed-upon narration: He was asked about stray sheep. He said, “It is for you, your brother, or the wolf.” He was asked about stray camels. He said, “What have you to do with it? It has its water and feet, drinks water, eats trees, until its owner finds it.”

Malik narrated in Al-Muwatta from Ibn Shihab: Stray camels in Umar ibn Al-Khattab’s time were left to multiply, untouched by anyone. In Uthman ibn Affan’s time, he ordered their announcement, then sale, and if the owner came, they were given the price. Muhammad narrated similarly in his Muwatta, saying “mursalah” instead of “mu’abbala.”

(1) The statement: Immediately, In Al-Hidayah: If it is something the owner is unlikely to seek, like date pits or pomegranate peels, discarding it permits use without announcement, but it remains the owner’s property, as ownership from an unknown person is invalid.

(2) The statement: Stray camels, etc., Its apparent meaning is that stray camels should not be taken, as there is no fear of loss, as held by Shafi’i, Malik, and Ahmad for cows, camels, and horses, preferring leaving them. Our scholars and others said this was due to the prevalence of righteous people then. In our time, there is risk of dishonest hands, so taking it preserves it, making it preferable. Ibn Al-Humam elaborated on this. This is supported by Uthman’s practice, as times changed, ordering announcement after taking due to fear of betrayal, then sale, with the price held in the treasury for the owners. As stated in At-Ta’liq Al-Mumajjad.

What is the ruling regarding a lost sheep? The Messenger of Allah ﷺ said: 'It is yours, or it belongs to your flock, or it is for the one who finds it.' This means that you should take the sheep and not leave it. If its owner comes, return it to him; otherwise, use it for your own benefit. If you leave it, there is a concern that a predator might kill it or some other animal might harm it, thereby causing a loss to a Muslim's property.

The Companion then asked the Messenger of Allah ﷺ: 'What is the ruling regarding a lost camel?' The Messenger of Allah ﷺ said: 'Why should you worry about it? It has its own water supply (in its hump, which allows it to endure thirst) and it can find water (in various places) and eat tree leaves. Whoever finds it should take care of it.'

Anas (may Allah be pleased with him) narrated that the Prophet (ﷺ) passed by a date on the road and said: “Were it not that I fear it might be from charity, I would have eaten it.” [Agreed upon]

This indicates the permissibility of trivial items immediately.

In the agreed-upon narration: He was asked about stray sheep. He said, “It is for you, your brother, or the wolf.” He was asked about stray camels. He said, “What have you to do with it? It has its water and feet, drinks water, eats trees, until its owner finds it.”

Malik narrated in Al-Muwatta from Ibn Shihab: Stray camels in Umar ibn Al-Khattab’s time were left to multiply, untouched by anyone. In Uthman ibn Affan’s time, he ordered their announcement, then sale, and if the owner came, they were given the price. Muhammad narrated similarly in his Muwatta, saying “mursalah” instead of “mu’abbala.”

(1) The statement: Immediately, In Al-Hidayah: If it is something the owner is unlikely to seek, like date pits or pomegranate peels, discarding it permits use without announcement, but it remains the owner’s property, as ownership from an unknown person is invalid.

(2) The statement: Stray camels, etc., Its apparent meaning is that stray camels should not be taken, as there is no fear of loss, as held by Shafi’i, Malik, and Ahmad for cows, camels, and horses, preferring leaving them. Our scholars and others said this was due to the prevalence of righteous people then. In our time, there is risk of dishonest hands, so taking it preserves it, making it preferable. Ibn Al-Humam elaborated on this. This is supported by Uthman’s practice, as times changed, ordering announcement after taking due to fear of betrayal, then sale, with the price held in the treasury for the owners. As stated in At-Ta’liq Al-Mumajjad.

It is clear that in the noble hadith, the permission to not seize a lost camel is because there was no fear of its loss. Imam Shafi'i, Imam Malik, and Imam Ahmad (may Allah have mercy on them) have stated that it is preferable to leave lost camels and horses unattended. Our scholars have advised caution, while other jurists have said that this ruling applies to a time when there were many good people and no suspicion of dishonesty. However, in the current era, where dishonesty has become common, it is better to seize these animals for their protection, which is more beneficial. Imam Ibn Hajar has extensively discussed this issue and supported the opinion of our jurists, stating that the command of Caliph Uthman (may Allah be pleased with him) to seize these animals and announce them was due to the prevalence of dishonesty at that time. People would return the animals and their value would be deposited in the public treasury. (Extracted from Bayan al-Majd)

Zayd ibn Khalid (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: “Whoever shelters a stray is astray unless they announce it.” [Narrated by Muslim]

Muhammad narrated from Umar ibn Al-Khattab something similar, saying: This is what we adopt. It refers to one who takes it to keep it. If taken to return or announce it, there is no harm.

(1) The statement: Is astray unless they announce it, This restricts going astray to one who does not announce, so there is no evidence for those who dislike found property absolutely in Umar’s report or the saying, “A Muslim’s stray is the fire’s fuel,” as we interpret it as taking without announcement. As stated in At-Ta’liq Al-Mumajjad.

Zayd ibn Khalid (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: “Whoever shelters a stray is astray unless they announce it.” [Narrated by Muslim]

Muhammad narrated from Umar ibn Al-Khattab something similar, saying: This is what we adopt. It refers to one who takes it to keep it. If taken to return or announce it, there is no harm.

(1) The statement: Is astray unless they announce it, This restricts going astray to one who does not announce, so there is no evidence for those who dislike found property absolutely in Umar’s report or the saying, “A Muslim’s stray is the fire’s fuel,” as we interpret it as taking without announcement. As stated in At-Ta’liq Al-Mumajjad.

The Messenger of Allah ﷺ said: 'Taking a Muslim's lost item with the intention of returning it is a step forward. This is based on the narration of the incident of the found item in the Sacred Area.'

Mu’adhah Al-Adawiyyah narrated that a woman asked Aishah, saying: “I found a stray item in the Sanctuary and announced it, but found no one who recognizes it.” Aishah said to her: “Use it.” [Narrated by As-Sahawi]

Ibn Al-Mundhir said: Similar reports are narrated from Umar, Ibn Abbas, and Ibn Al-Musayyib.

(1) The statement: Use it, Scholars differed on found property in Makkah. One group said it is not lawful to own after announcement; the finder must preserve it forever for its owner, only announcing it until the owner comes, based on the saying about the Sanctuary: “Its found property is not lawful except for its announcer,” as held by Shafi’i. Another group said there is no difference between the Sanctuary and elsewhere; its ruling is like other places, as held by Abu Hanifah, Malik, and Ahmad. Ibn Al-Mundhir said: We narrate this view from Umar, Ibn Abbas, Aishah, and Ibn Al-Musayyib, supported by these reports and the general saying, Note its container and tie, and announce it for a year, without distinguishing between the lawful and the Sanctuary. Giving it in charity after the announcement period preserves the owner’s ownership in a way, as it earns reward, like other cases. The saying about Makkah, Its found property is not lawful except for its announcer, does not contradict, as it means it is only lawful for one who announces, not for themselves.

Specifying Makkah is to dispel the notion that announcement is unnecessary due to Makkah being a place of strangers coming from afar and dispersing, suggesting the property is likely a stranger’s with unknown return, making announcement futile. The Messenger of Allah (ﷺ) dispelled this by saying, Its found property is not lawful except for its announcer. The saying, He prohibited the found property of pilgrims, as Ibn Wahb said in Al-Fath, means to leave it until its owner comes. This is not practiced today due to widespread theft in Makkah, even around the Ka’bah, let alone abandoned items. Rulings established with a condition, if contradicted with a corrupting factor, are discontinued, unlike rulings established for a reason whose absence does not corrupt continuity, like brisk walking and uncovering the shoulder in tawaf to show strength. Summarized from Umdat Al-Qari, Al-Marqah, Al-Binayah, and Fath Al-Qadir.

Such a hadith is found from all of Umar, Ibn Abbas, and Ibn Masud, may Allah be pleased with them.