{"id":257,"date":"2026-11-11T09:57:17","date_gmt":"2026-11-11T09:57:17","guid":{"rendered":"https:\/\/lslam.info\/?p=257"},"modified":"2026-11-11T09:57:20","modified_gmt":"2026-11-11T09:57:20","slug":"luqatah-and-laqit-lost-property-and-foundlings-in-imam-al-nawawis-minhaj-al-talibin","status":"publish","type":"post","link":"https:\/\/lslam.info\/en\/luqatah-and-laqit-lost-property-and-foundlings-in-imam-al-nawawis-minhaj-al-talibin\/","title":{"rendered":"Luqatah and Laqit: Lost Property and Foundlings in Imam al-Nawawi’s Minhaj al-Talibin"},"content":{"rendered":"\n

Part 2: Transactions (Mu\u2019amalat) – Lost property (Luqatah) and foundlings (Laqit)<\/h2>\n\n\n\n

Part of a series on the structure of Minhaj al-Talibin, the classical Shafi’i legal manual. Section 19 of Part 2 (Transactions).<\/em><\/p>\n\n\n\n

Introduction<\/h2>\n\n\n\n

After the Book of Gifts, Imam al-Nawawi (631\u2013676 AH \/ 1233\u20131277 CE) presents the Book of Found Property and Foundlings (Kitab al-Luqatah wa al-Laqit<\/em>). It deals with two kinds of discovery: luqatah<\/em>, property that has been lost and is found by someone else, and laqit<\/em>, a child who has been abandoned or lost and is found. These two subjects are grouped because both involve something that has no one to protect it, and both call for the finder to act as a trustee on behalf of someone he does not know.<\/p>\n\n\n\n

The tradition gives the matter great importance, since a lost item may be the livelihood of its owner, and an abandoned child may be in danger of death. The principal source for lost property is a report from the Companion Zayd ibn Khalid, who asked the Prophet about the lost items that a person finds. The reply gave a set of rules that became the foundation of the law. This article follows the main themes of the book in the general order of the Minhaj<\/em>.<\/p>\n\n\n\n

1. The meaning and the ruling on picking up lost property<\/h2>\n\n\n\n

A luqatah<\/em> is property that has been lost by its owner, is protected by its nature, and is not in a place where it is clearly owned or guarded. The book first addresses whether a person should pick it up. In the school’s position, it is recommended for a person who trusts himself to be honest and to look after it, since it protects the owner’s property. It may become obligatory where leaving it would lead to its certain loss and no one else is available. It is disliked for a person who does not trust himself, as it exposes him to temptation.<\/p>\n\n\n\n

Al-Nawawi explains that a person who picks up the item takes on a trust. He must safeguard it, and must not treat it as his own until the conditions of the law are met.<\/p>\n\n\n\n

2. What happens to different kinds of found items<\/h2>\n\n\n\n

The book classifies lost property according to its nature, since the rules differ.<\/p>\n\n\n\n

    \n
  • Animals that can protect themselves<\/strong>, such as camels and horses, found in open country. The school advises against taking them, following the report that such an animal has its own means of finding water and food and will be found by its owner. In a settled place, where it could be taken by anyone, the school allows picking it up.<\/li>\n\n\n\n
  • Animals that cannot protect themselves<\/strong>, such as sheep and goats. The report states that such an animal belongs to the finder, his brother, or the wolf, which indicates that it is better to take it than to leave it. The school allows the finder to choose among three options: to eat it and later compensate the owner with its value, to keep it and feed it, or to sell it and hold the price for the owner.<\/li>\n\n\n\n
  • Perishable items<\/strong>, such as fresh food, which the finder may eat or sell, in the same manner.<\/li>\n\n\n\n
  • Other property<\/strong>, such as money, goods, and tools, which the finder must keep and announce.<\/li>\n<\/ul>\n\n\n\n

    3. Announcing the find<\/h2>\n\n\n\n

    The central duty of the finder is to publicize the discovery (ta’rif<\/em>), so that the owner may claim it. The book explains how this is done. The announcement is made in the places where people gather, such as markets, mosque entrances, and public squares, and at times when the owner is likely to hear. The finder should describe the type of item in general terms, but not give the details that would allow someone to falsely claim it, since the owner is the one who should know them.<\/p>\n\n\n\n

    The duration of the announcement is generally one year, following the report. For items of small value, which the owner is unlikely to pursue, the school allows a shorter period according to custom. The finder bears the costs of the announcement, unless he decides to keep the item for himself, in which case he bears them in any event.<\/p>\n\n\n\n

    The finder should also note the item’s identifying details, such as its container, its cord, its amount, and its kind, so that he can recognize the owner. The report mentions knowing its container and strap for this reason.<\/p>\n\n\n\n

    4. After the period of announcement<\/h2>\n\n\n\n
    \"After<\/figure>\n\n\n\n

    If the owner does not appear during the year, the finder may choose among several options. According to the school, he may keep the item as a trust, or he may take ownership of it, in which case he becomes liable to return its equivalent or value if the owner appears later. He may also give it away in charity on the owner’s behalf. The report allows the finder to make use of the item after the year, on condition of returning it to the owner if he comes. The school also states the conditions for the finder who wants to acquire ownership, including that he must be a person who may take on the trust, and that he declares the intention to take ownership.<\/p>\n\n\n\n

    A special rule applies to property found in the sacred territory of Makkah. Because of its holiness and the large number of visitors who pass through, the school holds that the finder may only keep it for announcement and may not acquire ownership of it, in line with a report on this point.<\/p>\n\n\n\n

    5. Who may pick up lost property<\/h2>\n\n\n\n

    The book discusses the finder’s qualifications. A person who is trustworthy may take the item and keep it. A person who is not trustworthy may pick it up, but the judge supervises him, and the school discusses the cases of minors and non-Muslims. The aim is to protect the owner’s property while not leaving the item exposed to loss.<\/p>\n\n\n\n

    6. The foundling (laqit<\/em>)<\/h2>\n\n\n\n

    The second part of the book deals with an abandoned child. The school holds that picking up a foundling is a communal obligation (fard kifayah<\/em>), since leaving the child would expose him to death. If no one else is available, it becomes a personal duty on the person who found him.<\/p>\n\n\n\n

    The finder must be mature, sane, free, and trustworthy, and, in the school’s relied-upon position, should be a Muslim if the child is to be raised as a Muslim. The book then gives the rules for the child:<\/p>\n\n\n\n

      \n
    • Status<\/strong>: a child found in Muslim territory is considered a free Muslim, unless there is evidence to the contrary. A child found in a place where the population is not Muslim may be considered according to the location, with rules the school describes.<\/li>\n\n\n\n
    • Maintenance<\/strong>: the child’s costs are paid from any money found with him, or from his own property. If he has none, they are paid from the public treasury, and if that is not possible, from the Muslims in general.<\/li>\n\n\n\n
    • Guardianship<\/strong>: the finder has custody of the child, but does not have the full guardianship of a relative. The child’s property is overseen by the judge or the finder under the judge’s supervision.<\/li>\n\n\n\n
    • Lineage<\/strong>: a man may claim the foundling as his child, and the school accepts the claim if it is possible and not contradicted by evidence. In the absence of a claim, the child has no known lineage, and the Muslim community acts as his protector.<\/li>\n<\/ul>\n\n\n\n

      7. The moral frame<\/h2>\n\n\n\n

      The book treats both discoveries as matters of trust. The finder of property is told to act as a guardian of something that is not his, and the finder of a child must act as a guardian of someone who has no one else. Both are reminded that the duty is to the unknown party who will benefit, and that God is aware of the care that is shown.<\/p>\n\n\n\n

      Why the order matters<\/h2>\n\n\n\n

      The book begins with property, which is the simpler case, and sets out the rules for taking it, announcing it, and acquiring it. It then moves to the foundling, whose protection is a more serious and sensitive duty. This order lets the student understand the principle of trusteeship in a familiar setting before applying it to the life of a child. It also shows how the law treats the different dangers: loss of property, and loss of life.<\/p>\n\n\n\n

      Closing reflection<\/h2>\n\n\n\n

      For al-Nawawi, the rules of lost property and foundlings embody the duty of care that the community owes to the vulnerable and the absent. The law balances the protection of the owner with the finder’s interest, allowing a reward in the form of ownership only after a long and honest effort to find the owner. For the child, the law ensures that no one is left without protection, and the community is bound to share the responsibility. In both cases, honesty and mercy are given legal form.<\/p>\n\n\n\n

      Note: This article summarizes the general Shafi’i position as presented in Minhaj al-Talibin. Details, including the length of the announcement and the status of different kinds of found items, can vary between editions and commentaries and differ among the schools. Modern lost-property and child-welfare laws involve additional legal frameworks, so readers who need a precise ruling should consult a qualified teacher or scholar.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

      Part 2: Transactions (Mu\u2019amalat) – Lost property (Luqatah) and foundlings (Laqit) Part of a series on the structure of Minhaj<\/p>\n","protected":false},"author":1,"featured_media":258,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"colormag_page_container_layout":"default_layout","colormag_page_sidebar_layout":"default_layout","video_url":"","footnotes":""},"categories":[7,10],"tags":[12,15,94,92,93,14,27],"class_list":["post-257","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-fiqh","category-part-2-transactions-muamalat","tag-fiqh","tag-imam-al-nawawi","tag-laqit","tag-lost-property-and-foundlings","tag-luqatah","tag-minhaj-al-thalibin","tag-transactions-muamalat"],"_links":{"self":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/257","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/comments?post=257"}],"version-history":[{"count":1,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/257\/revisions"}],"predecessor-version":[{"id":261,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/257\/revisions\/261"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/media\/258"}],"wp:attachment":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/media?parent=257"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/categories?post=257"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/tags?post=257"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}