its substitute. As for us, we rely on the statement of the Prophet (peace and blessings of Allah be upon him): "If it is not identified, then spend it, and let it be a trust with you; if its seeker comes one day of the days, then deliver it to him." Al-Athram said: Ahmad said: I follow the hadith of al-Dahhak ibn 'Uthman. He authenticated it, and no one narrated it as he did: "If its owner comes after a year, and he has spent it, he shall return it to him." This is because it is a physical asset that must be returned if it were still remaining, so he is obligated to compensate for it if he destroys it, just as [is the case] before the year passes. Furthermore, it is protected property, so it is not permissible to annul the owner's right to it absolutely, just as if one were compelled to use another's property. If he finds the actual item in an increased state after the year, with a connected increase, he takes it along with its increase; because it follows the [main] item in the case of returning it due to a defect or rescission, so it follows it here as well. If a separated growth occurred after the year, it belongs to the finder because it is the growth of his property, being distinct and not following in cases of rescission, so it belongs to him, like the growth of a sold item when returned due to a defect. Abu al-Khattab mentioned another opinion on this, based on the case of an insolvent person when an item is reclaimed from him after it has had a distinct increase, and the case of a child when his father reclaims what he had gifted to him after it had increased. The correct view is that the increase belongs to the finder, for the reasons we mentioned. Likewise, the correct view in the two places mentioned is that the increase belongs to the one in whose ownership it occurred. The difference between the two cases is that in our issue, he guarantees the diminution, so the increase is his, so that the profit is matched by the liability (al-kharaj bi-al-daman), whereas in the other case, he has no liability, so it is possible for the profit not to be his. And Allah knows best. Whenever they differ regarding the value or the equivalent, the word of the finder is accepted, accompanied by his oath, because the original state is the release of his liability from what he is being charged with.

Section: If he finds the actual item after it has left the finder's ownership through a sale, gift, or similar, he has no right to reclaim it, but he may take its substitute, because the finder's disposition was valid since it had entered his ownership. If he encounters it having returned to the finder through rescission, purchase, or otherwise, he may take it, because he found the actual item of his property in the hands of its finder, so he is entitled to take it, like a husband who divorces