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Draft:Luqata

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Luqata (Arabic: لقطة) refers to found property whose owner is unknown. Within Islamic jurisprudence, picking up a luqata is considered makruh (disliked), and individuals who discover such property are obligated to act in accordance with specific religious rulings. If the found item lacks any identifying marks to trace its owner, it must be given away as sadaqa (alms). Conversely, if identifying marks are present and the item's value is less than one religious dirham (approximately 2.5 grams of silver), the finder is permitted to claim it for themselves. If its value exceeds one dirham, the finder must publicly announce the discovery to locate the rightful owner.

According to jurists, the finder is required to make regular announcements in public gathering places (daily for the first week, and subsequently on a weekly basis). If the owner remains unidentified, the finder is presented with three options: retain the item for personal use, hold it in trust for the owner, or disburse it as sadaqa. Should the luqata be perishable, the finder must preserve it until it nears spoilage; at that juncture, they may either consume it or sell it, holding the monetary equivalent in trust for the owner.

Concerning lost animals, capturing them is strictly prohibited unless they are located in an uninhabited area and require protection. Under such circumstances, if the owner cannot be located, the animal may be kept. In the case of a laqit (a lost or abandoned child), taking the child in is both permissible and recommended. If the child is discerning (mumayyiz), the finder is obligated to assume custody until the child attains puberty.

Conceptology

Property belonging to an unknown owner is termed Majhul al-Malik;[1] thus, when such property is lost by its owner and subsequently found by another, it is classified as luqata.[2] Consequently, luqata constitutes a specific subcategory of majhul al-malik property.[3] Lexicographers define luqata as an object retrieved from the ground.[4] In jurisprudential contexts, if the luqata is an animal, it is referred to as a dalla (stray).[5] Islamic jurisprudential texts traditionally dedicate a specific chapter to the rulings of luqata.[6] Furthermore, the legal provisions governing luqata are codified within the Civil Code of Iran under the designation of "found objects."[7]

Prohibition Against Picking Up Luqata

Drawing upon various narrations,[8] jurists generally deem the act of picking up a luqata to be makruh.[9] Imam al-Sadiq (a) is reported to have advised against taking found property, stating that if people were to leave such items undisturbed, their rightful owners would eventually return to retrieve them.[10] In a separate narration, when questioned about found property, the Imam (a) explicitly commanded: "Do not pick it up."[11]

Religious Rulings Pertaining to Luqata

Supported by scriptural narrations,[12] marja's stipulate that if an individual retrieves a found item lacking any identifiable marks—such as a standard banknote—they are obligated to dispense it as sadaqa on behalf of the unknown owner.[13] Conversely, if the property possesses identifiable features, the subsequent actions depend on its value:

  1. If its value is less than one religious dirham (approximately 2.5 grams of silver), the finder is permitted to claim ownership of it.[14]
  2. If its value exceeds one religious dirham, the finder must publicly announce the discovery to locate the owner.

Should the owner remain undiscovered after the requisite announcement period, the finder is presented with three permissible options: - Assume ownership of the item. - Hold the item in safekeeping, ensuring its return whenever the owner is eventually identified. - Disburse the item as sadaqa on behalf of the owner.[15]

Important Considerations: - If an individual picks up an item under the mistaken belief that it belongs to them, only to later realize it is found property, the standard rulings of luqata still apply. [16] - If a person picks up lost property and merely relocates it, they are nonetheless bound to observe the comprehensive rulings governing a luqata. [17]

Procedure for Announcing a Luqata

Jurists decree that an adequate public announcement consists of declaring the found property in a public gathering space once daily for the first week following the discovery, and thereafter once weekly for the duration of a full year.[18] However, if the finder loses all hope of locating the owner before the year concludes, they must immediately dispense the property as sadaqa.[19]

Perishable Luqata

As delineated in the treatises of marja's, if a luqata consists of perishable goods—such as food or produce—and contextual indicators (like negligible value) suggest the owner has deliberately abandoned it, the finder may utilize it without issue.[20] If no such abandonment is evident, the finder must preserve the item until it nears spoilage. Failing to locate the owner within that timeframe, the finder may either consume the item or sell it. They must subsequently continue searching for the owner to remit the monetary value; if the search remains unfruitful, the funds must be given as sadaqa on the owner's behalf.[21]

Luqata Pertaining to Animals

It is generally impermissible to capture a lost animal. If an individual does capture one and cannot locate the owner, they are legally bound to give the animal itself, or its monetary equivalent, as sadaqa.[22] An exception is made if a defenseless animal (such as a sheep) is discovered in an uninhabited area where it cannot fend for itself. Under these circumstances, capturing and safeguarding the animal is permissible. Should a diligent search fail to identify the owner, the finder is then entitled to take possession of the animal.[23]

Rulings Regarding a Laqit (Lost or Abandoned Child)

- A "laqit" is defined as a lost child who lacks a caregiver and is incapable of independently discerning their own best interests or protecting themselves from harm. Taking such a child in is both permissible and recommended. Furthermore, if the child faces an imminent risk of perishing, rescuing them becomes an absolute obligation to ensure their survival.[24]

- The legal classification of a laqit remains applicable regardless of the circumstances of their abandonment—whether left in a public space like a street or a mosque due to financial destitution, fear of social stigma, or any other motivation. [25]

- If the laqit is discerning (mumayyiz), once their status as an unaccompanied, wandering child is established, it becomes obligatory for the finder to provide custody and protection. This obligation can be fulfilled personally or by delegating the responsibility to a suitable guardian. The finder assumes a priority right over others to oversee the child's upbringing until they reach puberty.[26]

- No external party has the authority to revoke the finder's custody of a laqit unless a legal guardian with established custodial rights emerges. This includes parents, grandparents, other direct relatives, or individuals granted guardianship (wisaya), such as an executor (wasi) appointed by the father or grandfather. Upon the arrival of a rightful guardian, the child is no longer classified as a laqit.[27]

See Also

- Majhul al-Malik

Notes

  1. ↑ Sayfī Māzandarānī, Dalīl tahrīr al-wasīla - al-Waqf, 1430 AH, p. 434.
  2. ↑ Tūsī, al-Wasīla ilā nayl al-fadīla, 1408 AH, p. 277; Imam Khumaynī, Tahrīr al-wasīla, Dar al-'Ilm, vol. 2, p. 221.
  3. ↑ Imam Khumaynī, Tahrīr al-wasīla, Dar al-'Ilm, vol. 2, pp. 223-224.
  4. ↑ Farāhīdī, Kitāb al-'Ayn, 1410 AH, vol. 5, p. 100; Sāhib b. 'Abbād, al-Muhīt fī l-lugha, 1414 AH, vol. 5, p. 324.
  5. ↑ Imam Khumaynī, Tahrīr al-wasīla, Dar al-'Ilm, vol. 2, p. 221.
  6. ↑ Mishkīnī, Mustalahāt al-fiqh, p. 455.
  7. ↑ Imāmī, Huqūq-i madanī, Islamiyya Publications, vol. 1, p. 141.
  8. ↑ Bahrānī, al-Hadā'iq al-nādira, 1405 AH, vol. 17, p. 354; Hurr al-'Āmilī, Wasā'il al-Shī'a, 1409 AH, vol. 25, p. 439.
  9. ↑ Hillī, Tadhkirat al-fuqahā', 1414 AH, vol. 17, p. 167; Imam Khumaynī, Tahrīr al-wasīla, Dar al-'Ilm, vol. 2, p. 225, m. 5.
  10. ↑ Tūsī, Tahdhīb al-ahkām, 1407 AH, vol. 6, p. 390, h. 1166; Hurr al-'Āmilī, Wasā'il al-Shī'a, 1409 AH, vol. 25, p. 439, h. 32308.
  11. ↑ Tūsī, al-Istibsār, 1390 AH, vol. 3, p. 69, h. 229; Hurr al-'Āmilī, Wasā'il al-Shī'a, 1409 AH, vol. 25, p. 442, h. 32308.
  12. ↑ Hurr al-'Āmilī, Wasā'il al-Shī'a, 1409 AH, vol. 25, p. 441.
  13. ↑ Imam Khumaynī, Tawdīh al-masā'il (muhashshā), 1424 AH, vol. 2, p. 554, m. 2564.
  14. ↑ Imam Khumaynī, Tahrīr al-wasīla, Dar al-'Ilm, vol. 2, p. 225, m. 6.
  15. ↑ Imam Khumaynī, Tawdīh al-masā'il (muhashshā), 1424 AH, vol. 2, p. 554, m. 2566; Tahrīr al-wasīla, Dar al-'Ilm, vol. 2, p. 225, m. 6.
  16. ↑ Khumaynī, Sayyid Rūh Allāh, Tahrīr al-wasīla, Publisher: Institute for Compilation and Publication of Imam Khomeini's Works, vol. 2, p. 214.
  17. ↑ Khumaynī, Sayyid Rūh Allāh, Tahrīr al-wasīla, Publisher: Institute for Compilation and Publication of Imam Khomeini's Works, vol. 2, p. 214.
  18. ↑ Imam Khumaynī, Tawdīh al-masā'il (muhashshā), 1424 AH, vol. 2, p. 554, m. 2566.
  19. ↑ Imam Khumaynī, Tawdīh al-masā'il (muhashshā), 1424 AH, vol. 2, p. 560, m. 2572.
  20. ↑ Imāmī, Huqūq-i madanī, Islamiyya Publications, vol. 1, p. 143.
  21. ↑ Imam Khumaynī, Tawdīh al-masā'il (muhashshā), 1424 AH, vol. 2, p. 563, m. 2579.
  22. ↑ Imam Khumaynī, Tahrīr al-wasīla, Dar al-'Ilm, vol. 2, pp. 221-222.
  23. ↑ Imam Khumaynī, Tahrīr al-wasīla, Dar al-'Ilm, vol. 2, p. 222, m. 4.
  24. ↑ Khumaynī, Sayyid Rūh Allāh, Tahrīr al-wasīla, Publisher: Institute for Compilation and Publication of Imam Khomeini's Works, vol. 2, p. 223.
  25. ↑ Khumaynī, Sayyid Rūh Allāh, Tahrīr al-wasīla, Publisher: Institute for Compilation and Publication of Imam Khomeini's Works, vol. 2, p. 223.
  26. ↑ Khumaynī, Sayyid Rūh Allāh, Tahrīr al-wasīla, Publisher: Institute for Compilation and Publication of Imam Khomeini's Works, vol. 2, p. 223.
  27. ↑ Khumaynī, Sayyid Rūh Allāh, Tahrīr al-wasīla, Publisher: Institute for Compilation and Publication of Imam Khomeini's Works, vol. 2, p. 223.

References

- Imam Khumaynī, Sayyid Rūh Allāh, Tahrīr al-wasīla, Qom, Dar al-'Ilm, first edition, n.d. - Imam Khumaynī, Sayyid Rūh Allāh, Tahrīr al-wasīla, Publisher: Institute for Compilation and Publication of Imam Khomeini's Works, Tehran, n.d. - Imam Khumaynī, Sayyid Rūh Allāh, Tawdīh al-masā'il (muhashshā), (along with the fatwas of great jurists), Qom, Society of Seminary Teachers of Qom, 1424 AH. - Imāmī, Sayyid Hasan, Huqūq-i madanī, Tehran, Islamiyya Publications, n.d. - Bahrānī, Yūsuf b. Ahmad, al-Hadā'iq al-nādira, Qom, Islamic Publication Office, first edition, 1405 AH. - Hurr al-'Āmilī, Muhammad b. Hasan, Wasā'il al-Shī'a, Qom, Al al-Bayt (a) Institute, first edition, 1409 AH. - Hillī, 'Allāma, Hasan b. Yūsuf b. Mutahhar Asadī, Tadhkirat al-fuqahā', Qom, Al al-Bayt (a) Institute, first edition, 1414 AH. - Sa'dī Abū Jayb, al-Qāmūs al-fiqhī lughatan wa istilāhan, Damascus, Dar al-Fikr, second edition, 1408 AH. - Sayfī Māzandarānī, 'Alī Akbar, Dalīl tahrīr al-wasīla - al-Waqf, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, first edition, 1430 AH. - Sāhib b. 'Abbād, Ismā'īl b. 'Abbād, al-Muhīt fī l-lugha, Beirut, 'Alam al-Kitab, first edition, 1414 AH. - Tūsī, Muhammad b. Hasan, al-Istibsār, Tehran, Dar al-Kutub al-Islamiyya, first edition, 1390 AH. - Tūsī, Muhammad b. Hasan, Tahdhīb al-ahkām, Tehran, Dar al-Kutub al-Islamiyya, fourth edition, 1407 AH. - Tūsī, Muhammad b. 'Alī, al-Wasīla ilā nayl al-fadīla, Qom, Ayatollah Mar'ashi Najafi Library Publications, first edition, 1408 AH. - Farāhīdī, Khalīl b. Ahmad, Kitāb al-'Ayn, Qom, Hijrat Publication, second edition, 1410 AH. - Mishkīnī, Mīrzā 'Alī, Mustalahāt al-fiqh, n.p., n.p., n.d.

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