Section: If the lost item is lost by the finder without negligence, there is no liability upon him, because it is a trust in his hand, so it resembles a deposited item. If another person finds it, and he knows that it was lost by the first finder, he must return it to him; because the right of ownership and the authority of notification (ta'rif) and preservation has been established for him, and this does not cease due to the loss. If the second person does not know the situation until he has announced it for a year, he becomes the owner of it; because the cause of ownership was fulfilled by him without transgression, so ownership is established by it, just as with the first person, and the first person cannot reclaim it, because ownership takes precedence over the right of acquisition. If the owner comes, he has the right to take it from the second person, and he has no right to demand it from the first person, because he was not negligent. If the second person knew about the first person and returned it to him, but he [the first person] refused to take it and said, "You announce it," so he announced it, he [the second person] becomes the owner of it as well; because the first person abandoned his right, so it lapsed. If he said, "Announce it, and its ownership shall be mine," and he did so, then he is acting as his deputy in the announcement, and the first person owns it; because he appointed him as an agent for the announcement, so it is valid, just as if it were in the hand of the first person. If he said, "Announce it, and it shall be between us," and he did so, it is also valid, and it belongs to both of them; because he relinquished his right to half of it and appointed him as an agent for the remainder. If the second person intended by the announcement to own it for himself instead of the first person, there are two possibilities: First, he owns it; because the cause of ownership was fulfilled by him, so he owns it, just as if the first person had permitted him to announce it for himself. Second, he does not own it; because the authority of announcement belongs to the first person; this is similar to the case where a usurper seizes it from the finder and announces it. The same ruling applies if the second person knew of the first person but announced it without informing him. This is similar to someone who fences off vacant land (mawat), and another person precedes him to what he fenced off and brings it to life without his permission. As for if a usurper seizes it from the finder and announces it, he does not own it, according to a single view, because he is a transgressor for taking it and the cause of its ownership was not fulfilled by him, for finding (al-iltiqat) is part of the cause, and it was not fulfilled by him. This differs from the case where a second person finds it, for in that case, the finding and the announcement were fulfilled by him.
(12) In the original, there is an addition: "right". (13) In the original, there is an addition: "the second". (14) In the original: "he knows". (15) Omitted from: The original.