A man asked the Messenger of Allah ﷺ about lost property.He replied, "Announce it for a year, then take note of its string and its container, and afterwards make use of it. If its owner comes, return it to him."The man asked, "Messenger of Allah, what about a stray sheep?"He said, "Take it, for it is either for you, for your brother, or for the wolf."The man asked, "Messenger of Allah, what about a stray camel?"The Messenger of Allah ﷺ became angry until his cheeks turned red, or his face turned red, and he said, "What business do you have with it? It has its hooves and its water supply with it until its owner finds it."
أن رجلا سأل رسول الله ﷺ عن اللقطة، فقال: عرفها سنة، ثم اعرف وكاءها وعفاصها، ثم استنفق بها، فإن جاء ربها فأدها إليه. فقال: يا رسول الله، فضالة الغنم؟ فقال: خذها؛ فإنما هي لك، أو لأخيك، أو للذئب. قال: يا رسول الله، فضالة الإبل؟ فغضب رسول الله ﷺ حتى احمرت وجنتاه-أو احمر وجهه- وقال: ما لك ولها؟ معها حذاؤها وسقاؤها حتى يأتيها ربها.
It was narrated by Abu Dawud (1704) and Tirmidhi (1373), both from Qutayba bin Saeed, who said, "Ismail bin Jafar told us, from Rabia bin Abu Abdul-Rahman, from Yazid the freedman of Munbaith, from Zayd bin Khalid Juhani," and he mentioned the hadith. Abu Dawud said, "Musa bin Ismail told us, from Hammad bin Salama, from Yahya bin Saeed and Rabia, with the same chain as Qutayba and the same meaning, and he added to it, 'If the one who lost it comes and identifies its wrapping and its count, give it to him.'" Hammad also said, "From Ubaydullah bin Umar, from Amr bin Shuayb, from his father, from his grandfather, from the Prophet ﷺ," similarly.Abu Dawud said, "This addition that Hammad bin Salama added in the hadith of Salama bin Kuhayl, Yahya bin Saeed, Ubaydullah, and Rabia, 'If its owner comes and identifies its wrapping and its tie, give it to him,' is not preserved, 'identifies its wrapping and its tie.'" This is what Abu Dawud, may Allah have mercy on him, said. But this addition was mentioned by Muslim in his Sahih, as has already passed, and Hammad bin Salama was not alone in narrating it. For this reason Munziri followed up on it, saying, "This addition was indeed reported by Muslim in his Sahih through the hadith of Hammad bin Salama. It was also reported by Tirmidhi and Nasai through the hadith of Sufyan Thawri, from Salama bin Kuhayl, with this same addition, as we mentioned earlier. Muslim mentioned in his Sahih that Sufyan Thawri, Zayd bin Abu Unaysa, and Hammad bin Salama all mentioned this addition. So it has become clear that Hammad bin Salama was not alone in narrating this addition, since those we have mentioned corroborated him in it." This is the end of Munziri's statement.In his wording from the narration of Hammad, "If its owner comes and identifies its count and its tie, give it to him," there is evidence that when the owner of a lost item comes and identifies its wrapping and its count, the lost item should be given to him, and no proof beyond that should be demanded of him. This is the view of Malik and Ahmad. Ibn Abdul-Barr said, "This hadith is evidence in their favor."Shafii said, "If a man identifies the wrapping, the tie, the count, and the weight, and it is felt in one's heart that he is truthful, then one may give it to him. But I do not permit it except with proof established for it, just as proof is established for other rights." See the detailed discussion of this in Al-Umm (4/46).Khattabi said, "The apparent meaning of the hadith requires that it be given to him if he correctly states its description, and this is the benefit of the phrase 'its wrapping and its tie.' If this wording is confirmed in the narration of Hammad, namely his statement, 'and he identifies its count, so give it to him,' then this becomes a matter that cannot lawfully be contradicted. But if it is not confirmed, then the cautious position lies with those who hold that it should not be returned except with proof, based on the saying, 'The burden of proof is on the claimant.'"I say, the hadith of Hammad bin Salama is sahih and firmly established, as has already been shown, and he was not alone in narrating this addition. Therefore, accepting it is obligatory.