it is permissible for the sake of preserving it (30) for its owner. If he picks it up, he must announce it indefinitely until its owner arrives. This is the opinion of Abd al-Rahman ibn Mahdi and Abu Ubayd. Regarding al-Shafi'i, both positions are narrated from him. The evidence for this view is the statement of the Prophet (may Allah bless him and grant him peace) regarding Makkah: "Its fallen item is not lawful except for one who announces it." [Agreed upon] (31). Abu Ubayd said (32): The munshid (announcer) is the one who makes it known, and the nashid (seeker) is the one who looks for it. He recites: "The listening of the seeker to the announcer." Thus, its meaning is: The lost item of Makkah is not lawful except to the one who makes it known; because it has been singled out with this [ruling] from all other lands. Ya'qub ibn Shaybah narrated in his "Musnad" (33) from Abd al-Rahman ibn Uthman al-Taymi that the Prophet (may Allah bless him and grant him peace) forbade the lost item of the pilgrim. Ibn Wahb said: He means he should leave it until its owner finds it. Abu Dawud also narrated it (34). The basis for the first report is the generality of the [other] hadiths, and that it is one of the two Sanctuaries, so it resembles the Sanctuary of Medina. Furthermore, it is a trust, so its ruling does not differ between the territory outside the Sanctuary and the Sanctuary itself, just like a deposited item (wadi'ah). And the saying of the Prophet (may Allah bless him and grant him peace), "Except for one who announces it," could potentially mean except for the one who announces it for a year,
(30) In M: "hifziha". (31) Recorded by al-Bukhari, in: Chapter: How to announce the lost item of the people of Makkah, from the Book of Lost Items, and in: Chapter: And al-Layth said, Yunus told me..., from the Book of Military Expeditions, and in: Chapter: Whoever has a person killed is in the best of the two choices, from the Book of Blood Money. Sahih al-Bukhari 3/164, 165, 5/194, 9/6. And Muslim, in: Chapter: The sanctity of Makkah and its game and vegetation..., from the Book of Pilgrimage. Sahih Muslim 2/988, 989. It was also recorded by Abu Dawud, in: Chapter: The sanctity of the Sanctuary of Makkah, from the Book of Rituals, Sunan Abi Dawud 1/465. And al-Nasa'i, in: Chapter: The prohibition of scaring the game of the Sanctuary, from the Book of Rituals, al-Mujtaba 5/166. And Ibn Majah, in: Chapter: The merit of Makkah, from the Book of Rituals, Sunan Ibn Majah 2/1038. And al-Darimi, in: Chapter: The prohibition of the lost item of the pilgrim, from the Book of Transactions, Sunan al-Darimi 2/265. And Imam Ahmad, in: al-Musnad 1/318, 348, 2/238. (32) In Gharib al-Hadith 2/133. (33) Ya'qub ibn Shaybah al-Sadusi al-Basri, the memorizer (hafiz), author of the annotated Musnad, died in the year 262 AH. al-'Ibar 2/25. (34) In the Book of Lost Items, Sunan Abi Dawud 1/399. It was also recorded by Muslim, in: Chapter: On the lost item of the pilgrim, from the Book of Pilgrimage. Sahih Muslim 3/1351. And Imam Ahmad, in: al-Musnad 3/499.