939 - Issue: He said: (Whoever finds a found item [luqata] must announce it for a year in the marketplaces and at the doors of the mosques.)

The entirety of this matter involves six sections regarding announcement: its obligation, its amount, its duration, its location, its method, and who should undertake it. As for its obligation, it is mandatory for every finder, whether they intend to claim ownership of it or to preserve it for its owner. Al-Shafi'i said: It is not mandatory for one who intends to preserve it for its owner. Our position is that the Prophet (peace and blessings of Allah be upon him) commanded Zayd ibn Khalid and Ubayy ibn Ka'b to do so, and he did not distinguish [between intentions]. Furthermore, preserving it for its owner is only achieved by delivering it to them. The method for this is the announcement. As for its remaining in the finder's possession without reaching its owner, it is the same as its destruction. Furthermore, holding onto it without announcement is a waste of it for its owner, so it is not permissible, just as returning it to its place or discarding it elsewhere is not permissible. Additionally, if the announcement were not mandatory, picking it up would not be permissible; because its remaining in its place would then be closer to its reaching its owner—either by the owner searching for it in the place where it was lost and finding it, or by someone finding it who recognizes it. Taking it by this [finder] causes both options to be missed, so it is prohibited. Thus, since picking it up is permissible, the announcement is mandatory so that this harm does not occur. Moreover, the announcement is mandatory for one who intends to take ownership of it, so it is likewise for one who intends to preserve it, since taking ownership is not mandatory, and therefore the means to it [i.e., taking it] would not be mandatory. Consequently, the obligation must lie on the agreed-upon aspect—to protect it from being lost to its owner—and this is present in the area of dispute.