Azami 5941

Darimi (2641), Tahawi in Sharh Mushkil (4695), and Bayhaqi (6/187) all narrated it through the route of Abu Usama, from Walid bin Kathir, who said, "Amr bin Shuayb narrated to me, from Amr and Asim, the two sons of Sufyan bin Abdullah, from their father," who said, then he mentioned it.Its isnad is hasan, for all its narrators are truthful except for Abu Usama, who is Hammad bin Usama the Qurashi, their freedman, the Kufan, for he is trustworthy. Ibn Saad, Ajli, and others considered him trustworthy.His statement "the bag" refers to a container made of leather in which one's belongings are kept.There are reports from the traditions of the companions indicating that the announcement of a found item should continue for a year. Among them is what Abdullah bin Badr Juhani narrated, that he stayed at the dwelling of some people on the road to Syria, and found a purse containing eighty dinars. He mentioned it to Umar bin Khattab, and Umar said to him, "Announce it at the doors of the mosques, and mention it to everyone who comes from Syria, for a year. When the year has passed, it is yours to do with as you wish." Malik narrated it in the chapter on judgments (49) from Ayub bin Musa, from Muawiya bin Abdullah bin Badr Juhani, from his father.Muawiya bin Abdullah has a biographical entry in Ibn Abu Hatim's Jarh wal-Tadil (8/377), which mentions that Ayub bin Musa and Muhammad bin Amr narrated from him. This was stated by Abu Hatim.This hadith indicates that the finder should announce a found item for a year. If its owner comes forward, it is given to him. If its owner cannot be found, the finder may take possession of it and use it, whether he is poor or wealthy. Then, if the owner later appears, its value is given to him. This is the view held by the majority of scholars, Shafii, Ahmad, and Ishaq, and among the companions it was held by Umar bin Khattab, Ayesha, and others.A group of scholars held that after announcing it for a year, one should give it away in charity, and that he has no right to benefit from it himself. This is the view of Thawri and the people of legal reasoning.The first view is the one that agrees with the hadith under discussion.As for announcing it for three years, none of the well-known scholars held this view. It arose from doubt on the part of Salama bin Kuhayl, who then became certain, recalled the matter clearly, and settled firmly on a single year, except for what has been reported from Umar, that a found item should be announced for three years. Four different opinions are attributed to him on this matter, the soundest of which is one year, another being three months, and another being three days. Perhaps this variation should be understood in light of the significance or insignificance of the found item.As for what was reported from Yaala bin Murra, who said that the Messenger of Allah ﷺ said, "Whoever picks up a small found item, such as a dirham, a rope, or something similar, should announce it for three days. If it is worth more than that, he should announce it for six days," this is daif. Ahmad narrated it (17566) from Yazid bin Harun, who said, Israil bin Yunus informed us, Umar bin Abdullah bin Yaala narrated to me, from his grandmother Hakeema, from her father Yaala, then he mentioned it.Its isnad is daif because of Umar, and the condition of his grandmother Hakeema is unknown. Haythami said in Majma (3/169), "Ahmad narrated it through the route of Amr bin Abdullah bin Yaala. If it is Amr, then I do not know him, and if it is Umar, then he is daif."I say, it is as he said, for Umar bin Abdullah is daif. Yahya bin Main declared him daif, and Jareer bin Abdullah and others accused him of drinking wine. Bayhaqi mentioned this (6/195) following his citation of the hadith from this route.