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Fatawaa


Subject : A Find near the Tomb of Jafar-Bin-Abi Talib

Fatwa Number : 563

Date : 23-03-2010

Classified : "Found Property "on the street

Fatwa Type : Search Fatawaa


Question :

What is the ruling of Sharia on a golden bracelet found near the Tomb of Jafar-Bin-Abi Talib a year ago?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

The person who found this bracelet is permitted to take possession of it and he should memorize its special features in terms of form and weight. If someday its owner comes asking about it and mentions its specific features then it must be given back to him or its value according to the gold price on the day it was claimed.

Zaid b. Khalid told that when a man came to God's Messenger and asked him about a find he said, “Note what it is contained in and what it is tied with and make the matter known for a year. Then if its owner comes give it to him, otherwise you can do what you like with it.” He asked about stray sheep (or goats) and he replied, “You, your brother, or the wolf may have them.” He asked about stray camels and he replied, “What have you to do with them? They have their stomachs and their feet. They can go down to water and eat trees till their master finds them.” In a version by Muslim he said, “Make the matter known for a year, then note what it is contained in and what it is tied with and use it for your own purposes, but if its owner comes you must deliver it to him*.” * This tradition says that after a year the finder may do as he likes with the article, but that if the owner turns up later he must restore it to him, or give him an equivalent if he has disposed of it. (Bukhari and Muslim.) And Allah the Almighty knows best.




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