Finding lost property during Hajj

Reference: Sharh Sunan Abu Dawood: 9/238

On the authority of ‘Abdur Rahmaan ibn ‘Uthmaan at Tameemee – may Allaah be pleased with him – that the Messenger of Allaah – صلى الله عليه وآله وسلم – prohibited taking the lost property of the Hujjaaj.

Meaning the property of the Hujjaj cannot be owned right away, and it cannot be taken and advertised for one year and then be owned. Rather, it is advertised forever. It is unlike other lost property that is advertised for a year and then owned. This is because Hujjaj return to Makkah and Madeenah, so it is possible that the owner may return even after years.

This is similar to his saying:

“The lost property of the Hujjaj is not to be picked up except by an advertiser.”

Meaning a person who would advertise it forever, and it is apparent that this is for a lot, as for a little then the affair is easy as we have previously explained about the Dinar, whether it is found in Makkah or Madeenah, as the Hadeeth of the Dinar was in Madeenah.

So if a person finds some lost property during the season of Hajj and finds out it is for the Hujjaj, or there is a sign on it that it is for the Hujjaj, then he is to advertise it forever, whether he finds it in the Haram or elsewhere.

- from Ottawa, Canada. He is a graduate of the Islaamic University of Madeenah, having graduated from the Institute of Arabic Language, and later the Faculty of Hadeeth in 2003. He currently resides in Jeddah, Saudi Arabia.

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