The Fifth Section: Regarding who is responsible for it. The finder may manage this himself, and he may appoint a deputy for it. If he finds someone who volunteers for that, [it is permitted], otherwise, if he needs to pay a fee, it is upon the finder. This is the opinion of al-Shafi'i and the scholars of opinion (ashab al-ra'y). Abu al-Khattab chose the view that if he intended to preserve it for its owner rather than to acquire ownership of it, he may seek reimbursement for the fee from its owner. Ibn Aqil said the same regarding what cannot be acquired through announcement, because it is among the costs of delivering it to its owner, so it is upon the owner, like the fee for storing it, herding it, and drying it. Our view is that this is a fee obligatory upon the announcer, so it is upon him, just as if he had intended to acquire it. Also, because if he managed it himself, he would not have a fee from its owner, so likewise if he hires someone for it, nothing becomes incumbent upon its owner. Furthermore, it is a cause for him to acquire it, so it is upon the finder, as if he had intended to acquire it. Malik said: If he gives something from it to the person who announced it, there is no liability upon him, just as if he paid something from it to someone who preserved it. (12) We have already mentioned the evidence for that.
The Sixth Section: Regarding the method of announcement, which is that he should mention its genus [and nothing else], (13) by saying: "Whoever has lost gold, silver, dinars, or clothing," or something similar. This is due to what Umar (may Allah be pleased with him) said to the finder of gold: [Say: The gold] is on the road to Syria. He should not describe it; for if he described it, someone hearing it would know its characteristics, and its description would no longer serve as evidence of its ownership because of the participation of others besides the owner in that knowledge. Also, he cannot be certain that someone who heard its description will not claim it (14) by mentioning the very description by which it must be given to him, thus taking it while he does not own it, causing it to be lost to its true owner.
Section: Al-Khiraqi did not distinguish between a small amount of a lost item and a large amount, which is the manifest (zahir) position of the Madhhab, except for a small amount that one's soul does not pursue, such as a date, a crust of bread, a scrap of cloth, and that which has no significance; for there is no harm in taking it and benefiting from it without announcement, because the Prophet (peace and blessings of Allah be upon him) did not rebuke the finder of a date
(11) In M: "for its ownership". (12) In M: "dried it". (13) Omitted from the original (al-Asl). (14) In M, the addition: "who heard".