A man from Mazina came to ask the Messenger of Allah ﷺ a question. He said, "Messenger of Allah, I have come to ask you about a stray camel."The Prophet ﷺ replied, "It has its hooves and its water supply with it. It can eat from the trees and reach water. Leave it alone until its owner finds it."The man asked, "What about a stray sheep?"He answered, "It is either for you, for your brother, or for the wolf. Take it in until its owner comes for it."The man asked, "What about livestock taken from their grazing grounds?"He said, "The thief must pay twice its value as a fine and receive a punishment as a deterrent. But if it is taken from its enclosure, then the hand is to be cut off, provided what was taken reaches the value of a shield."The man asked, "Messenger of Allah, what about fruits, and what is taken from them while still in their husks?"He replied, "Whoever eats from them with his mouth without taking any away in his garment owes nothing. But whoever carries some away must pay twice their value, receive a beating, and a deterrent punishment. If anything is taken from the drying area, then the hand is to be cut off, provided what is taken reaches the value of a shield."The man asked, "Messenger of Allah, what about lost property we find on a well-traveled road?"He answered, "Announce it for a year. If its owner comes forward, give it to him. Otherwise, it is yours."The man asked, "What about what is found in ancient ruins?"He said, "On that and on buried treasure, a fifth is due."
سمعت رجلا من مزينة يسأل رسول الله ﷺ قال: يا رسول الله، جئت أسألك عن الضالة من الإبل. قال: معها حذاؤها وسقاؤها، تأكل الشجر، وترد الماء، فدعها حتى يأتيها باغيها. قال: الضالة من الغنم؟ قال: لك، أو لأخيك، أو للذئب، تجمعها حتى يأتيها باغيها. قال: الحريسة التي توجد في مراتعها؟ قال: فيها ثمنها مرتين وضرب نكال، وما أخذ من عطنه ففيه القطع إذا بلغ ما يؤخذ من ذلك ثمن المجن. قال: يا رسول الله، فالثمار، وما أخذ منها في أكمامها؟ قال: من أخذ بفمه ولم يتخذ خبنة فليس عليه شيء، ومن احتمل فعليه ثمنه مرتين وضربا ونكالا، وما أخذ من أجرانه ففيه القطع إذا بلغ ما يؤخذ من ذلك ثمن المجن. قال: يا رسول الله، واللقطة نجدها في سبيل العامرة؟ قال: عرفها حولا، فإن وجد باغيها فأدها إليه، وإلا فهيي لك. قال: ما يوجد في الخرب العادي؟ قال: فيه وفي الركاز الخمس.
Imam Ahmad narrated it (6683) from Yaala, who said, Muhammad bin Ishaq narrated to us, from Amr bin Shuayb, from his father, from his grandfather, and he mentioned it. Its chain of transmission is hasan because of Muhammad bin Ishaq, and he has been corroborated, as mentioned before. Baghawi also narrated it through this same route in Sharh al-Sunnah (2211).His wording was, "The hariisa is found in its pastures," while in Sharh al-Sunnah it reads, "hariisat al-jabal."Baghawi said, "By 'hariisat al-jabal' he meant cattle, sheep, or camels taken from the pasture. It is said that a man 'practiced ihtiras' when he takes a sheep from the pasture. Requiring payment of double the price seems to be by way of threat and deterrence, for otherwise a destroyed item is not guaranteed at more than the price of its equivalent. Umar bin Khattab used to rule by this, and Ahmad bin Hanbal held the same view. It has also been said that in the early period of Islam certain punishments involving property occurred, and were later abrogated, and Allah knows best." End of quote.This is what he said regarding abrogation, but he did not clarify what abrogated it, despite the fact that Umar bin Khattab, and after him Ahmad and Ishaq bin Rahawayh, held the view of doubling the penalty for one who takes stray animals and does not report having found them, as is mentioned in the hadith of Abu Hurairah in the chapter that follows.