Short answer
Pick it up only if you intend to return it, then make it known where it was found for long enough that the owner would have given up looking. If no owner comes, give it in charity on the owner's behalf; a finder who is poor may use it himself. If the owner turns up later, he can claim it back. Trivial things may be kept.
A found item (luqatah) is a trust. The finder announces it for a period suited to its value, until it is likely the owner has stopped searching; then he gives it in charity, or uses it himself if he is poor. A wealthy finder may not keep it. If the owner appears, he may accept the charity's reward or claim its value.
Other madhhabs
- Shafi'i
- The finder announces the item for one year, after which he may take ownership of it, rich or poor, and owes the owner its value if he appears.
- Maliki
- After a year of announcing, the finder may keep it, give it in charity or keep holding it for the owner, and is liable if the owner appears.
- Hanbali
- After a year of announcing, the item becomes the finder's property, rich or poor, with liability to the owner if he appears.
Explanation
A man asked the Prophet ﷺ about something he had found. He told him to note its container and the string that tied it, then announce it for a year: if the owner comes, give it to him, and if not, it is up to you.
The Hanafi steps:
- Pick it up only to return it. If you leave it and it will likely be lost or stolen, picking it up is better, and in some cases obligatory.
- Note its details (amount, wallet, marks) so you can check a claimant's description.
- Announce it. Ask at the place you found it, tell the shop or station, post where locals look, or hand it to the police or lost property office, which is a sound way to fulfil the duty where such an office exists.
- For how long? In the relied-upon Hanafi view, until you think the owner has stopped looking. A large sum may need a year; a small amount much less.
- If no owner comes, give it to the poor on the owner's behalf. If you are poor yourself, you may use it.
- If the owner turns up later, tell him. He can accept the reward of the charity or ask for its value back.
Very small things that no one would search for, such as a coin on the pavement or a pen, may be kept or used. Lost property must never be kept by pretending it was not found. For money or property you took wrongly, see What should I do with haram money?
The evidence
Quran, Surah An-Nisaa 4:58
۞ إِنَّ ٱللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا۟ ٱلْأَمَٰنَٰتِ إِلَىٰٓ أَهْلِهَا وَإِذَا حَكَمْتُم بَيْنَ ٱلنَّاسِ أَن تَحْكُمُوا۟ بِٱلْعَدْلِ ۚ إِنَّ ٱللَّهَ نِعِمَّا يَعِظُكُم بِهِۦٓ ۗ إِنَّ ٱللَّهَ كَانَ سَمِيعًۢا بَصِيرًۭا ﴿٥٨﴾
Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.
A found item is a trust to be returned to its owner.
Sahih al-Bukhari 2372
Sahih... اعرف عفاصها ووكاءها ثم عرفها سنة ...
"Know its container and its tie, then announce it for a year."
The finder must identify and announce the item.
Sahih al-Bukhari 2372
Sahih... فإن جاء صاحبها وإلا فشأنك بها ...
"If its owner comes, give it to him; if not, it is up to you."
What may be done with it after the announcement period.
Where the ruling is recorded
- al-Hidaya, Kitab al-Luqata. The period of announcement by value, charity after it, and use by a poor finder.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Luqata. The relied-upon view that the period depends on the item, and the rights of the owner if he appears.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.