I found one hundred dinars and brought them to the Prophet (may Allah bless him and grant him peace), who said: "Announce it for a year." So I announced it for a year, but it was not identified. I returned to him, and he said: "Recognize its number, its container, and its tie, and mix it with your wealth; then if its owner comes, deliver it to him." In this hadith, he commanded him to recognize its descriptions after the announcement, while in another (hadith) he commanded him to recognize them at the time of picking it up before announcing it (3). This is more appropriate so that he may have knowledge of it, and if its owner comes and describes it, his heart becomes satisfied with his truthfulness, and it is therefore permissible to deliver it to him (4). If he delays the recognition of that until the time its seeker arrives, it is permissible, because the objective is achieved by recognizing it at that moment. If its seeker does not come and he wants to dispose of it after the year, it is not permissible for him until he recognizes its descriptions, because the essence of the item will be extinguished by disposal, and no path will remain for him to recognize its descriptions when its owner comes. Similarly, if he mixes it with his wealth in a way that it cannot be distinguished from it, the command of the Prophet (may Allah bless him and grant him peace) to Ubayy to recognize its descriptions when mixing it with his wealth is a command of strict obligation, while his command to Zayd ibn Khalid to recognize it at the time of picking it up is a command of optional obligation. And Allah knows best. The Qadi said: It is appropriate that he recognizes its genus—whether dirhams or dinars—and its type. If it is clothing, he recognizes its wrapping and its genus. He recognizes its quantity by measurement, weight, number, or length, and he recognizes the knots upon it—whether it is one knot or more, a loop (5) or otherwise—and he recognizes the stopper of the bottle [that enters] (6) its head, and its container that covers it.

Section: It is recommended that he has witnesses for it when he finds it. Ahmad, may Allah have mercy on him, said: I do not like for him to touch it until he has witnesses for it. The apparent meaning of this is that it is recommended, not obligatory, and that if he does not have witnesses for it, he bears no liability. Malik and al-Shafi'i held this view. Abu Hanifa said: If he does not have witnesses for it, he is liable for it, due to the saying of the Messenger of Allah (may Allah bless him and grant him peace): "Whoever finds a lost item, let him have a just person, or two just persons, bear witness to it" (7). This is a command that entails obligation, and because if he does not have witnesses, the apparent situation is that he took it for himself. Our argument is the report of Zayd ibn Khalid and Ubayy ibn Ka'b, for he commanded them to announce it without having witnesses for it; and it is not permissible to delay a clarification beyond the time of need. If it were obligatory, the Prophet (may Allah bless him and grant him peace) would have clarified it, especially since he was asked about the ruling of a lost item and would not have failed to mention the obligation therein. Thus, it is necessary to interpret the command in the hadith of 'Iyad (8) as being one of recommendation and desirability. Also, because it is taking a trust, it does not require witnesses, like a deposit (wadi'a). The reasoning they mentioned is not correct, for if he preserves it and announces it, he has not taken it for himself; and the benefit of witnessing is to protect himself from greed for it, to prevent its concealment, and to preserve it from his heirs if he dies, or from his creditors if he becomes bankrupt. When he has witnesses for it, he should not mention its descriptions to the witnesses, so that it does not spread and someone who is not entitled to it claims it. He mentions its descriptions [to the owner], as we said regarding the announcement, but he mentions to the witnesses what he mentioned in the announcement, in terms of genus and type. Ahmad said, in the narration of Salih, when he asked him: If he has witnesses (10) for it, should he clarify how much it is? He said: No, but he says: I have found a lost item. It is recommended that he writes down its descriptions so that it may be more established, fearing that he might forget it if he limited himself to preserving it in his mind, for man is prone to forgetfulness.

942 - Issue: He said: (If its owner comes and describes it for him, it shall be delivered to him without evidence.)

Meaning: If he describes it with its mentioned characteristics, he delivers it to him, regardless of whether he is convinced of his truthfulness or not. Malik, Abu 'Ubayd, Dawud, and Ibn al-Mundhir held this view. Abu Hanifa and al-Shafi'i said: He is not compelled to do so except with evidence, and it is permissible for him to deliver it to him if he is convinced of his truthfulness. The proponents of reason (Ashab al-Ra'y) said: If he wishes, he may deliver it to him and take a guarantor for that, because the Prophet (may Allah bless him and grant him peace) said: