as a liability to its owner. This is the opinion of al-Qadi and his companions, based on the evidence that he possesses the right to demand it, thus resembling a loan. Our position is the statement of the Prophet (may Allah bless him and grant him peace): "If its owner comes, otherwise it is the wealth of Allah, which He gives to whom He wills." He thus placed it among the permissible things. Furthermore, if he were to die, its replacement would not be separated from his estate; he is not entitled to take from Zakat on account of this debt; he is not obligated to bequeath it; the obligation of Zakat does not cease for his wealth on account of this debt; and none of the rulings of debt are established regarding him. The absence of these rulings is evidence of its absence. Al-Qadi said: "That prevents the obligation of Zakat." Furthermore, if he owned it with a consideration, his ownership of it would not cease upon the arrival of its owner, and his ownership of it would be contingent upon his satisfaction with the exchange and his choice of one of the two options, like a loan. The matter is the opposite of that. Its owner is only entitled to demand it after his arrival, provided it is destroyed. For if it were still existing, he would take it and would not be entitled to a replacement for it. If it were destroyed, the right to demand its replacement would be newly established for him, just as ownership of it would be newly established for him if it were existing, and just as ownership of half the dower is newly established for him upon divorce before consummation, and [ownership] of its replacement if it is non-existent. This is more analogous to our issue, and through it, what they mentioned is invalidated. As for the loan, since its replacement is established as a liability, ownership does not return to the borrower regarding the loaned item except with the consent and choice of the lender.
Section: Everything that is permissible to collect is owned upon the completion of the announcement, whether it be currency or otherwise. This is the apparent view of al-Khiraqi, for his wording is general regarding everything. This has been reported from Ahmad, for Muhammad ibn al-Hakam narrated from him regarding a hunter in whose hook a bag or brass is caught: He announces it for a year; if its owner comes, [he returns it], otherwise it is like the rest of his wealth. This is an explicit text regarding brass. Al-Sharif said:
(13) In the original: "wa-li-annahu" (and because it). (14) In the original: "li-maji'" (for the arrival). (15) Omitted from the original. (16) In the original: "al-qard" (the loan). (17) Omitted from M.
