Book of Found Property (Luqata)

This is property that is lost by its owner and found by someone else. Al-Khalil ibn Ahmad said: "Al-luqata" (with a fatha on the qaf) is a name for the one who finds it, because whatever comes in the form of "fu'ala" is a name for the doer, such as their saying: "humazah" (backbiter), "lumazah" (slanderer), "duhukah" (jester), and "huz'ah" (mocker). "Al-luqta" (with a sukun on the qaf) is the name for the found property, similar to "al-duhkah" (that which one is laughed at for) and "al-huz'ah" (that which one is mocked for). Al-Asma'i, Ibn al-A'rabi, and al-Farra' said: It is also, with a fatha on the qaf, a name for the found property as well. The foundation regarding the Luqata is what was narrated by Zayd ibn Khalid al-Juhani who said: The Messenger of Allah (peace be upon him) was asked about found gold and silver, and he said: "Know its binding (wika') and its container (‘ifas), then announce it for a year. If it is not recognized, then spend it, and let it be a deposit with you; if its seeker comes one day in time, then hand it over to him." He was also asked about the stray camel, and he said: "What have you to do with it? Leave it, for it has its shoes and its water-skin; it reaches the water and eats the trees until its owner finds it." He was asked about the sheep, and he said: "Take it, for it is either for you, or for your brother, or for the wolf." Agreed upon. The "wika'" is the string with which the wealth is tied in the cloth. The "'ifas" is the container it is in, whether of cloth, paper, or other material. This was stated by Abu 'Ubayd.