Rabi'ah: "If it has been distributed, he has no right (11) to it." Both were narrated by Sa'id in his "Sunan" (12). And because it is a consensus. Ahmad said: "The people only spoke [concerning it with two opinions; if it has been distributed (13), he has nothing. And a group said: If it has been distributed] (14) it is his for the price. As for it being his after the distribution for something other than that, no one has said it. Whenever (15) the people of the era are divided into two opinions on a ruling, it is not permissible to innovate a third opinion, because it contradicts the consensus, and so it is not permissible to resort to it." Our colleagues have narrated from Ibn Umar that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Whoever finds his property before it is distributed, it is his; and if he finds it after it has been distributed, he has no right to it at all (16)." And the working principle is based on the consensus we have mentioned. Their statement that "his ownership did not cease" is not accepted.

Section: If one of the subjects [of the Islamic state] takes it through a gift, theft, or without anything, then its owner is more entitled to it without anything. Abu Hanifah said: "He does not take it except for its value, because it became the property of a specific individual, so it is like what happens if it were distributed." Our evidence is [what was narrated] (17) that a group raided the camels of the Prophet (peace and blessings of Allah be upon him) and took his she-camel and a young girl from the Ansar. She stayed with them for days, then went out in the middle of the night. She said: "I did not place my hand on a camel but it grunted, until I placed it on a docile she-camel. I mounted it, then headed toward Medina. I vowed that if Allah saved me upon it, I would slaughter it. When I arrived in Medina, I identified the she-camel, and behold, it was the she-camel of the Messenger of Allah (peace and blessings of Allah be upon him). He took it, so I said: 'O Messenger of Allah, I have vowed to slaughter it.' He said: 'How evil is that which you have rewarded it with! There is no vow in disobedience to Allah (18).'" In another narration: "There is no vow in what the son of Adam does not own." [Narrated by Ahmad and Muslim] (19). And because it was not obtained in his hand for a consideration, its owner is more entitled to it, as if he found it in the booty before its distribution (20).