Luqata

Luqaṭa (Arabic: لُقَطة) refers to property that has been found but whose owner is unknown or cannot be identified. In Islamic jurisprudence, picking up a luqata is considered reprehensible, and anyone who finds such property is required to comply with specific religious rulings. If the found property bears no identifying marks by which its owner can be identified, it must be given as sadaqa (alms). Conversely, if the property bears identifying marks and its value is less than one shar'i dirham (approximately 2.5 grams of silver), the finder may keep it for themselves. If its value exceeds one dirham, the finder must publicly announce the discovery in an effort to locate its rightful owner.

According to jurists, the finder must announce the discovery in public places regularly—daily during the first week and weekly thereafter. If the owner remains unidentified, the finder has three options: to keep the property, to retain it in trust for its owner, or to give it as sadaqa. If the luqata is perishable, the finder must preserve it until it is close to spoiling. At that point, they may either consume it or sell it and hold the proceeds in trust for its owner.

Concerning lost animals, capturing them is strictly prohibited unless they are located in an uninhabited area and require protection. In such cases, if the owner cannot be identified, the finder may take possession of the animal. 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 whose owner is unknown is termed majhul al-malik;Thus, when such property is lost by its owner and subsequently found by another person, it is classified as a luqata. Accordingly, luqata is regarded as a specific category of majhul al-malik property. Lexicographically, luqata refers to an object found or picked up from the ground. In jurisprudential terminology, when the luqata is an animal, it is referred to as a ḍalla (stray animal). Islamic jurisprudential texts traditionally dedicate a specific chapter to the rulings of luqata.

Prohibition Against Picking Up Luqata

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

Religious Rulings Pertaining to Luqata

Supported by narrations, Marja's stipulate that if a person finds property with no identifying marks, such as a standard banknote, they must give it as sadaqa on behalf of its unknown owner. Conversely, if the property bears identifying marks, the appropriate course of action depends 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.
2. If its value exceeds one religious dirham, the finder must publicly announce the discovery to locate the owner.

If the owner remains unidentified after the required announcement period, the finder has 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.

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.
• If a person picks up lost property and merely relocates it, they are nonetheless bound to observe the comprehensive rulings governing a luqata.

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. However, if the finder loses all hope of locating the owner before the year concludes, they must immediately dispense the property as sadaqa.

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. If no such abandonment is evident, the finder must preserve the item until it nears spoilage. If the owner cannot be located 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.

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. 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.

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.

• 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.

• 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 priority over others to oversee the child's upbringing until the child reaches puberty.

• 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.

See Also

• Majhul al-Malik