The Judgement on Lost Property

46 Malik related to me from Rabi'a ibn Abi 'Abd ar-Rahman from Yazid, the mawla of al-Munba'ith that Zayd ibn Khalid al-Juhani said, " A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finds. He said, 'Note the details of the object found, and then publicise it for a year. If the owner comes, give it to him. If not, then it is your business.' He said, 'What about lost sheep, Messenger of Allah? ' He replied, 'They are yours, your brother's or the wolf's.' He asked, 'And the lost camel? ' He said, 'It is none of your concern. It has its water and its feet. It will reach water and eat trees until its owner finds it.' "

[cf Bukhari 2297]

47 Malik related to me from Ayyub ibn Musa from Mu'awiya ibn 'Abdullah ibn Badr al-Juhani that his father informed him that he stopped with some people on the way to Syria and found a purse which contained eighty dinars. He mentioned that to 'Umar ibn al-Khattab. 'Umar told him, " Announce it at the doors of the mosques and mention it to everyone who comes from Syria for a year. When a year passes, it is your business."

48 Malik related to me from Nafi' that a man found something and went to Ibn 'Umar and said to him, " I have found something. What do you think I should do about it? " 'Abdullah ibn 'Umar said to him, " Make it known! " He said, " I have done so." He said, " Do it again." He said, " I have done so." 'Abdullah said, " I do not order you to use it. If you wished you could have left it."

Judgement on Slaves Using Finds

Yahya said that he heard Malik say, " What is done in our community about a slave who finds something and uses it before the term which is set for finds has been reached - which is a year - is that it is held against his person. Either his master gives the price of what his slave has used or he surrenders his slave to them as compensation. If he refrains from using it until the term is reached which is set for finds and then uses it, it is a debt against him which follows him and is not against his person and there is nothing against his master for it."

Judgement on Strays

49 Malik related to me from Yahya ibn Sa'id from Sulayman ibn Yasar that Thabit ibn ad-Dahhak al-Ansari told him that he had found a camel at Harra, so he hobbled it and mentioned it to 'Umar ibn al-Khattab and 'Umar ordered him to make it known three times. Thabit said to him, " That would distract me from the running of my estate." 'Umar said to him, " Then let it go where you found it."

50 Malik related to me from Yahya ibn Sa'id from Sa'id ibn al-Musayyab that 'Umar ibn al-Khattab said while he was leaning his back against the Ka'ba, " Whoever takes a stray is astray."

[In Muslim]

51 Malik related to me that he heard Ibn Shihab said, " There were many stray camels in the time of 'Umar ibn al-Khattab and they were left alone. No one touched them until the time of 'Uthman ibn 'Affan. He ordered that they be publicised and then sold, and if the owner came forward afterwards, he was given their price."

36.41 Sadaqa of the Living for the Dead

52 Malik related to me from Sa'id ibn 'Amr ibn Shurahbil ibn Sa'id ibn Sa'd ibn 'Ubada from his father that his father said, " Sa'd ibn 'Ubada accompanied the Messenger of Allah, may Allah bless him and grant him peace, in one of his raids while his mother was dying in Madina. Someone told her, 'Leave a will.' She said, 'About what shall I leave a will? The property is Sa'd's property.' Then she died before Sa'd returned. When Sa'd ibn 'Ubada returned, that was mentioned to him. Sa'd said, 'Messenger of Allah! Will it help her if I give sadaqa for her? ' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Yes.' Sa'd said, 'Such-and-such a garden is sadaqa for her, ' naming the garden."

[In an-Nasa'i]

53 Malik related to me from Hisham ibn 'Urwa from his father from 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that a man said to the Messenger of Allah, may Allah bless him and grant him peace, " My mother died suddenly and I think that if she had spoken, she would have given sadaqa. Shall I give sadaqa for her? " The Messenger of Allah, may Allah bless him and grant him peace, said, " Yes."

[cf Bukhari 2609. Also in Muslim]

54 Malik related to me that he heard that a man of the Ansar from the tribe of Banu al-Harith ibn al-Khazraj gave sadaqa to his parents and then they died. Their son inherited the property he had given them which was palm-trees. He asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, " You are rewarded for your sadaqa and take it as your inheritance."

Wills and Testaments

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