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‏الأقضية (The Book Pertaining to Judicial Decisions )
CHAPTER: STRAY THING FOUND BY ANYONE  

No. 4272

Zaid b. Khalid al-Juhani reported: A man came to Allaah's Prophet (sallAllaahu alayhi wa sallam) and asked him about picking up of stray articles. He said: Recognise (well) its bag and the strap (by which it is tied) then make announcement of that for a year. If its owner comes (within this time return that to him), otherwise it is yours. He (again) said: (What about) the lost goat? Thereupon he (the Prophet) said: It is yours or for your brother, or for the wolf. He said: (What about) the lost camel? Thereupon he said: You have nothing to do with it; it has a leather bag along with it, and its shoes also. It comes to the watering-place, eats (the leaves of the) trees until its master finds him.

No. 4273

Zaid b. Khalid al-Juhani reported that a person asked Allaah's Prophet (sallAllaahu alayhi wa sallam) about picking up of stray articles, whereupon he said: Make announcement about it for a year, and recognise well the strap and the bag (containing that) ; then spend that; and if its owner comes, make him the payment of that. He (the inquirer) said: Messenger of Allaah, what about the lost goat? he said: Take it, for that is yours or for your brother, or for the wolf. He (again) said: (What about) the lost camel? The Messenger of Allaah (sallAllaahu alayhi wa sallam) was enraged until his cheeks became red (or his face became red) and then said: You have nothing to do about that; it has feet and a leather bag (to quench its thirst) until its owner finds it.

No. 4274

This hadith has been narrated on the authority of Rabi'a b. Abu Abd al-Rahman with the same chain of transmitters but with this addition:" There came a person to Allaah's Messenger (sallAllaahu alayhi wa sallam) while I was with him, and he asked him about picking up of a stray article, and he said: When none comes to demand it, then spend that."

No. 4275

Zaid b. Khalid al-Juhani reported. There came to Allaah's Messenger (sallAllaahu alayhi wa sallam) a person, the rest of the hadith is the same but with the variation (of these words): His face became red, his forehead too, and he felt annoyed; and made an addition after the words: He should make announcement of that for a year, and if its owner does not turn up, then it is a trust with you.

No. 4276

Zaid b. Khalid al-Juhani, the Companion ot Allaah's Messenger (sallAllaahu alayhi wa sallam), said that Allaah's Messenger (sallAllaahu alayhi wa sallam) was asked about the picking up of stray gold or silver, whereupon he said: Recognise well the strap and the bag (containing) that and then make an announcement regarding that for one year, but if none recognises it, then spend that and it would be a trust with you; and if someone comes one day to make demand of that, then pay that to him. He (the inquirer) asked about the lost camel, whereupon he said: You have nothing to do with that. Leave that alone, for it has feet and also a leather bag, it drinks water, and eats (the leaves) of the trees. He asked him about sheep, whereupon he said: Take it, it is for you, or for your brother, or for the wolf.

No. 4277

Zaid b. Khalid al-Juhani reported: A person asked Allaah's Prophet (sallAllaahu alayhi wa sallam) about a lost camel; Rabi'a made this addition: He (the Prophet) was so much annoyed that his cheeks became red." The rest of the hadith is the same. He (the narrator) made this addition:" If its (that of the article) owner comes and he recognises the bag (which contained it) and its number, and the strap. then give that to them, but if not, then it is for you."

No. 4278

Zaid b. Khalid al-Juhani reported that Allaah's Messenger (sallAllaahu alayhi wa sallam) was asked about picking up of stray things, whereupon he said: Make announcement of that for one year, but if it is not recognised (by the owner), then recognise its big and strap, then eat it; and if its owner comes, then give that to him. This hadith has been narrated on the authority of Al-Dahhak b. Uthman with the same chain of transmitters but with a slight variation of words.

No. 4279

Salama b. Kuhail reported: I heard Sowaid b. Ghafala say: I went out, and also Zaid b. Suhan and Salman b. Rabi'a for Jibad, and I found a whip and took it up. They said to me: Leave it. I said: No. but I will make announcement of it and if its owner comes (then I will return that), otherwise I will use it, and I refused them. When we returned from Jihad. by a good fortune for me, I performed Pilgrimage. I came to Medina and met Ubayy b. Ka'b, and related to him the affair of the whip and their opinion (the opinion of Zaid b. Suhan and Salman b. Rabi'a) about it (i. e. I should throw it). Thereupon he said: I found a money bag during the lifetime of Allaah's Messenger (sallAllaahu alayhi wa sallam) which contained one hundred dinars. I came to him along with it, and he said: Make an announcement of it for one year; so I announced it, but did not find anyone who could (claim it after) recognising it. I again came to him and he said: Make announcement for one year. So I made announcement of it, but I found none who could recognise it. I came to him he said: Make announcement of it for one year. I made announcement of that but did not find one who could recognise it, whereupon he said: Preserve (in your mind) its number, its bag and its strap, and if its owner comes (then return that to him), otherwise make use of it. So I made use of that. I (Shu'ba) met him (Salama b. Kuhail) after this in Mecca, and he said: I do not know whether he said three years or one year.

No. 4280

Shu'ba reported: Salama b. Kuhail informed me or he informed people and I was among them. He said: I heard Sawaid b. Ghafala who reported: I went out along with Zaid b. Suhan and Salman b. Rabi'a, and found a whip, the rest of the hadith is the same up to the words:" I made use of that." Shu'ba said: I heard him say after ten years, that he made an announcement of it for one year.

No. 4281

This hadith has been narrated on the authority of Salama b. Kuhail through different chains of transmitters. In their ahadith, it is three years, except in the hadith of Hammid b. Salama it is two years or three years. In the hadith transmitted on the authority of Sufyan and Zaid b. Abu Unaisa and Hammid b. Salama (the words are):" If someone comes and informs you about the number (of articles) of the bag and the straps, then give that to him." Sufyan has made this addition in the narration of Waki':" Otherwise it is like your property." And in the narration of Ibn Numair the words are:" Otherwise make use of that."




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