as he ate it; rather, he said to him, "If you had not come to get it, it would have come to you." (15) The Prophet (peace and blessings of Allah be upon him) saw a date and said, "Were it not that I fear it might be from the charity, I would have eaten it." (16) We do not know of any disagreement among the scholars regarding the permissibility of taking and benefiting from a small amount of a lost item (17). This has been reported from Umar, Ali, Ibn Umar, and Aisha, and it is the view of Ata, Jabir ibn Zayd, Tawus, al-Nakha'i, Yahya ibn Abi Kathir, Malik, al-Shafi'i, and the scholars of opinion (ashab al-ra'y). There is no definition of the "small amount" that is permissible from Ahmad or most of those whom we have mentioned. Malik and Abu Hanifah said: It is not obligatory to announce that for which a thief would not be punished by amputation, which is a quarter of a dinar according to Malik, and ten dirhams according to Abu Hanifah; because anything less than that is insignificant, so it is not mandatory to announce it, like a crust of bread or a date. The evidence that it is insignificant is the saying of Aisha (may Allah be pleased with her): "They used to not impose amputation for an insignificant thing." It was reported from Ali (may Allah be pleased with him) that he found a dinar and used it. (18) Al-Juzajani narrated from Salma bint Ka'b, who said: "I found a gold ring on the road to Makkah, and I asked Aisha about it, and she said: 'Enjoy it.'" (19) Abu Dawud reported (20) with his chain of narration from Jabir, who said: "The Messenger of Allah (peace and blessings of Allah be upon him) granted us a concession regarding a stick, a whip, and a rope, and similar things, for a man to find and benefit from." The value of a rope may reach several dirhams. From Ibn Majah (21) with his chain of narration from Suwayd ibn Ghafala, who said: "I went out with Salman ibn Rabi'ah and Zayd ibn Suhan, until when we were at al-Udhayb, I picked up
(15) We did not find it in the books of Hadith currently in our possession. (16) Its authentication (takhrij) was mentioned previously in 4/116. (17) Omitted from M. (18) Reported by Abu Dawud, in: Book of Lost Property (al-Luqata). Sunan Abi Dawud 1/398. (19) Reported by Ibn Abi Shaybah, in: Chapter on what to do with lost property, from the Book of Sales and Judicial Rulings. al-Musannaf 6/461. (20) In: Book of Lost Property. Sunan Abi Dawud 1/399. It was also reported by al-Bayhaqi, in: Chapter on what was reported regarding a small amount of lost property, from the Book of Lost Property. al-Sunan al-Kubra 6/195. (21) In: Chapter on Lost Property, from the Book of Lost Property. Sunan Ibn Majah 2/837. It was also reported by al-Tirmidhi, in: Chapter on what was reported regarding lost property and stray camels and sheep, from the Chapters on Judicial Rulings. Aridat al-Ahwadhi 6/141.