Lost and found sales

10-4-2004 | IslamWeb

Question:

Is it lawful (Halal) to buy items from lost and found sales? I am a student at the University of Oregon. Items found in the borders of the school and are kept for some time so that people can come and claim them. When these items are not claimed after a certain time they are sold at low prices. Is it lawful to buy them? Is a certain waiting period required before selling and buying these items?

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Answer:

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

 

If somebody finds a lost property he has to make it known to the public - that he has found a lost property - for a period of one year.  As regards a lost property with very little value, this has to be made known to the public for a period until it is assumed that the owner is no longer interested in it.

It is permissible for the one who found it to possess it with the intention of liability before that period.  When the period for making the lost property known ends, he can possess it, accepting responsibility for it anytime its owner comes.

After this period of possession it is possible to sell it or deal with it in whatever way he wants with the condition that he is liable for it.

Therefore it is possible to buy a lost property from whoever possessed it with the aforementioned conditions.

However, it is not acceptable to buy a lost property from someone who did not make the lost property known to public according to Shariah, and was not prepared to be responsible for it.  Because in that case, he did not possess the lost property but disseised it, and it is not permissible to buy a disseised property from a usurper.

 

Allah knows best.