The Book of
Lost Items from Sunan Abu Dawud
1701 Shu’bah
reported from Salamah bin Kuhail, from Suwaid bin Ghafalah, who said: “I went
on an expedition with Zaid bin Suwhan and Salman bin Rabi’ah, and found a whip.
They both said to me: ‘Drop it,’ but I said: ‘No, but if I find its owner (I
will return it), or else I will use it.’ I then went for Hajj, and passed by
Al-Madinah, so I asked Ubayy bin Ka’b. He said: ‘I found a pouch containing one
hundred Dinar, so I came to the Prophet (saw) (asking regarding it). He said: “Announce
it for a year.” So I continued to announce it for a year, then I came to him.
He said: “Announce it for a year.” So I continued to announce it for a year,
then I came to him. He again said: “Announce it for a year.” So I continued to
announce it for a year, then I came to him and said: “I did not find anyone who
recognized it.” So he said: “Remember its quantity, and its pouch, and its
drawstring, and if its owner comes to you (return) it; otherwise benefit from
it.”
He said: “I am not sure whether he said ‘announce it’
thrice, or only once.” (Sahih)
1702 (Another
chain) from Shu’bah, with its meaning (similar to no. 1701). He (saw) said: “Announce
it for a year.” He said: “Three times.” He said: “I do not know whether he told
him that in one year, or in three years.” (Sahih)
1703 (Another
chain) from Hammad that Salamah bin Kuhail narrated to them with his chain and
its meaning (similar to no. 1701). Regarding announcing it, he said: “He (saw)
said: ‘Two or three years.” And he said: “Be familiar with its quantity, and
its pouch, and its drawstring,” and he added: “So if its owner comes to you and
knows its quantity, pouch, and drawstring, give it to him.” (Sahih)
Abu Dawud said: No one said this statement in this Hadith
except Hammad, meaning: “Be familiar with its quantity.”
1704 It was
reported from Isma’il bin Ja’far, from Rabi’ah bin Abi ‘Abdur-Rahman, from
Yazid, the freed slave of Al-Munba’ith, from Zaid Ibn Khalid Al-Juhani, that a
man asked the Messenger of Allah (saw) regarding lost items (that are found).
He replied: “Announce it for a year, then be familiar with its drawstring and
bag, and then spend it. But if its owner comes to you, then return it to him.”
The man said: “O Messenger of Allah, how about lost sheep?” He replied: “Take
it, for it is either for you, or your brother, or the wolf.” He then said: “O
Messenger of Allah, how about lost camels?” At this the Messenger of Allah
(saw) became angry until his forehead, or his face, became red, and he said: “What
have you got to do with it? It has hoofs and its humps, until its owner comes
to it.” (Sahih)
1705 (Another
chain) from Malik with his chain and its meaning (similar to no. 1704). He added:
“...Its humps, it goes to the water, and eats of the trees.” And he did not
say: “take it” about the lost sheep. And he said regarding lost items, “Announce
it for a year, so if its owner comes, or else do with it a you please.” And he
did not say to spend of it. (Sahih)
Abu Dawud said: It was reported by Ath-Thawri, Sulaiman
bin Bilal, and Hammad bin Salamah from Rabi’ah, similarly; they did not say: “Take
it.”
1706 It was
reported from Busr bin Sa’eed, from Zaid bin Khalid Al-Juhani, that the
Messenger of Allah (saw) was asked about the lost item that is found. He said: “Announce
it for a year, and if the one who wants it comes for it, give it to him.
Otherwise, be familiar with its pouch and drawstring, then consume it. And if
the one seeking it comes, then give it to him.” (Sahih)
1707 It was
reported from ‘Abdullah bin Yazid, from his father Yazid, the freed slave of
Al-Munba’ith, from Zaid bin Khalid Al-Juhani, that he said: “The Messenger of
Allah (saw) was asked” so he mentioned similar to the narration of Rabi’ah. (no.
1704) He said: “And he was asked about the lost item, so he said: “Announce it
for a year, and if its owner comes, then give it back to him, else be familiar
with its drawstring and pouch, then add it to your possessions. And if its
owner comes to you, return it to him.” (Sahih)
1708 It was
reported from Hammad bin Salamah, from Yahya bin Sa’eed and Rabi’ah, with the
chain of Qutaibah and its meaning. (similar to no. 1704) He added in it: “So if
the one who seeks it comes, and knows its pouch and quantity, then give it to
him.”
Hammad also said (narrating it): “From ‘Ubaidullah bin ‘Umar,
from ‘Amr bin Shu’aib, from his father, from his grandfather, from the Prophet
(saw),” similarly. (Sahih)
Abu Dawud said: This addition, the one that Hammad bin
Salamah added in the narration of Salamah bin Kuhail, Yahya bin Sa’eed, ‘Ubaidullah
bin ‘Umar, and Rabi’ah: “If its owner comes and knows its pouch and drawstring,
then return it to him” – is not preserved (meaning) “and knows its pouch and drawstring.”
(Sahih)
And in the Hadith reported from ‘Uqabah bin Suwaid, from
his father from the Prophet (saw) also says: “Announce it for a year.” And the
Hadith of ‘Umar bin Al-Khattab also from the Prophet (saw), says: “Announce it
for a year.”
1709 It was
reported from ‘Iyad bin Himar that the Messenger of Allah (saw) said: “Whoever
finds any lost item should have one or two trustworthy people witness it, and
he should not conceal or hide (anything). So if its owner comes, let him return
it to him, otherwise it is the wealth of Allah which He brings to whomever He
pleases.” (Sahih)
1710 It was
reported from Ibn ‘Ajlan, from ‘Amr bin Shu’aib, from his father, from his
grandfather, ‘Abdullah bin ‘Amr bin Al-‘As, from the Messenger of Allah (saw);
that he was asked about (taking from) hanging fruits.* He replied, “Whoever is
in need and eats of it, without gathering any in his garments, has no (sin)
upon him. And whoever leaves with anything of it, he will be fined double its
amount, and will be punished. And whoever steals from it after it has been
placed in its drying place, and steals more than the price of a shield, will
have (his hand) cut.”
And he also mentioned regarding lost sheep and camels as
other (narrations) have mentioned.
He said: “And he was asked about lost items, to which he
replied: ‘Whatever is found on well-traversed paths, or in inhabited villages,
then announce it for a year. If its seeker comes for it, give it to him, and if
he does not, then it is yours. And whatever is found in abandoned sites, then
in that, and in Rikaz,** the Khumus (one-fifth) is due.” (Hasan)
*Hanging on the vine or tree.
**Scholars of different regions defined it differently,
some of them said it is ore of mines, and others said it is Kanz (the treasure)
that was buried during pre-Islamic times and found later. Similar was mentioned
earlier in the Book of Zakat related to the term Kanz.
1711 (Another
chain) from Al-Walid, meaning Ibn Kathir, that ‘Amr bin Shu’aib narrated to
him, with his chain for this (narration, similar to no. 1710); and regarding
the lost sheep he said: “Combine it (with your own).” (Hasan)
1712 (Another
chain) from ‘Ubaidullah bin Al-Akhnas, from ‘Amr bin Shu’aib, with his chain.
He said regarding the lost sheep: “It is (either) for you, or your brother, or
the wolf: Take it.” – only.
And similar to it was reported like that by Ayyub and Ya’qub
bin ‘Ata’ from ‘Amr bin Shu’aib, from the Prophet (saw), he said: “So take it.”
(Hasan)
1713 It was
reported from Ibn Ishaq, from ‘Amr bin Shu’aib, from his father, from his
grandfather, from the Prophet (saw), regarding this. He said about the lost
sheep: “So combine it (with your own) until its seeker comes for it.” (Hasan)
1714 It was reported
from ‘Ubaidullah bin Miqsam who narrated from a man, from Abu Sa’eed Al-Khudri,
that ‘Ali bin Abi Talib found a Dinar, so he brought it to Fatimah, who then
asked the Messenger of Allah (saw) about it. He replied: “It is sustenance from
Allah.” The Messenger of Allah (saw) ate from it, as did ‘Ali and Fatimah.
Later on, a woman came, announcing a Dinar that she had lost, so the Prophet
(saw) said: “O ‘Ali! Give her the Dinar.” (Hasan)
1715 It was
reported from Bilal bin Yahya Al-‘Absi, from ‘Ali, that he found a Dinar, so he
purchased some flour with it. So the owner of the flour recognized him, and
returned the Dinar to him. ‘Ali took it, and removed two Qirat (a small
quantity) from this amount, and then purchased meat with it.” (Hasan)
1716 It was
reported from Sahl bin Sa’d who narrated that once ‘Ali went to Fatimah, and
saw Hasan and Husain crying. He said: “Why are they crying?” She replied: “Because
of hunger.” So ‘Ali left, and found a Dinar in the market-place. He came to
Fatimah and informed her, who said: “Go to so-and-so the Jew, and purchase some
flour with it.” He went to the Jew and purchased some flour, but the Jew said: “Are
you not the son-in-law of the one who claims he is a Prophet?” He said: “Yes.”
So he said: “In that case, take yoru Dinar, and the flour is yours!” ‘Ali then
returned and told Fatimah what had occurred, so she said: “Go to so-and-so, the
butcher, and purchase a Dirham of meat.” So ‘Ali went and gave the Dinar as
collateral for a Dirham’s quantity of meat, and he brought it (to Fatimah). She
then kneaded the flour, set (the stove), made the bread, and called for her
father. When he came, she said: “O Messenger of Allah, let me tell you (what
occurred), so if you feel that it is allowed for us, we will eat of it, and you
will eat with us. Its story is such and such...” So he (saw) said: “Eat in the
Name of Allah.” So they all ate. While they were still sitting in their places,
a boy came, announcing in the Name of Allah, and of Islam, that he had lost a
Dinar. The Messenger of Allah (saw) commanded that he be brought, so he was
called and asked (about it). He said: “I dropped it in the market-place.” The
Messenger of Allah (saw) then said: “O ‘Ali! Go to the butcher, and tell him: ‘The
Messenger of Allah (saw) tells you to send the Dinar to him, and the Dirham is
due upon him (the Prophet (saw)).’” So ‘Ali brought it, and the Messenger of
Allah (saw) gave it to the boy. (Hasan)
1717 It was
reported from Al-Mughirah bin Ziyad, from Abu Az-Zubair Al-Makki, who narrated
from Jabir bin ‘Abdullah, that he said: “The Messenger of Allah (saw) granted
us a concession regarding a stick, or whip, or rope, and other such items, that
if a person finds it he may use it.” (Da’if)
Abu Dawud said: An-Nu’man bin ‘Abdus-Salam reported it
from Al-Mughirah bin Abi Salamah, with his chain, and Shababah reported it from
Mughirah bin Muslim, from Abu Az-Zubair, from Jabir, he said: “They would (do
so)” not mentioning the Prophet (saw).
1718 It was
reported by ‘Ikrimah (who said), “I believe it was Abu Hurairah who said that
the Prophet (saw) said: ‘The penalty for (taking) a lost camel and hiding it,
is its price, and an equal amount on top of that.’” (Da’if)
1719 ‘Abdur-Rahman
bin ‘Uthman At-Taimi narrated that the Messenger of Allah (saw) forbade
(picking up) the lost items of pilgrims.
Ahmad (bin Salih) said: “Ibn Wahb said (meaning): ‘He
should leave the lost items of pilgrims until its owner finds it.’” (Sahih)
1720
Al-Mundhir bin Jarir narrated: “We were once with Jarir at Al-Bawazij, and the
shepherd came back with the cows, but there was a cow that was not of the herd.
Jarir said: ‘What is this?’ He replied: ‘I found a cow, but I don’t know whose
it is.’ Jarir said: ‘Take it out, for I heard the Messenger of Allah (saw) say:
“No one takes a lost animal except a misguided person.’” (Sahih)
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