and specifying it with that is for emphasis, not for restriction, similar to his saying (peace be upon him): "The stray animal of the Muslim is a brand of fire" (35). The stray animal of a dhimmi (non-Muslim citizen) is measured (36) by it.

Section: If one picks up a lost item with the intention of possessing it without making it known, he has committed a prohibited act, and it is not lawful for him to take it with this intention. If he does take it, he becomes liable for it, regardless of whether it perishes due to negligence (37) or not. He does not become the owner of it, even if he announces it, because he took the property of another in a manner that was not lawful for him to take, so he is akin to a usurper (ghasib). Ahmad explicitly stated this. It is possible that he does become the owner, because ownership occurs through announcement and the act of picking up, and these have occurred; therefore, he owns it thereby, similar to hunting or gathering firewood. For if he entered the garden of another without his permission and gathered firewood or hunted game within it, he would own it, even though his entry was prohibited; it is the same here. Also, because the generality of the textual evidence encompasses this one who picked up the item, so its ruling is established regarding him. Furthermore, if we were to consider the intention of announcing it at the time of picking it up, the situation would differ between the righteous person and the sinner, the minor and the mentally incompetent, because the standard behavior of such people is to pick it up for the sake of ownership without announcing it.

941 - Issue: He said: (And he shall preserve its tie and its container, and he shall preserve its number and its description.)

The basis for this is the statement of the Prophet (may Allah bless him and grant him peace), in the hadith of Zayd ibn Khalid: "Recognize its tie and its container" (1). And he said in the hadith of Ubayy ibn Ka'b: "Recognize its container, its tie, and its number, then announce it for a year" (2). And in a wording from Ubayy ibn Ka'b, he said: