just person" (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. 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, 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: