Book 11: Business Transactions

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger was asked about hanging fruit and said, “If a needy person takes some and does not take a supply away in his garment he is not to be blamed, but he who carries any of it away is to be fined twice the value and punished and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if their value reaches the price of a shield*.” Regarding stray camels and sheep (Or 'goats') he mentioned the same as others have done. He said he was asked about finds and replied, “If it is in a frequented road and a large town make the matter known for a year and if its owner comes give it to him, but if he does not it belongs to you; but if it is in a place which has been waste from ancient times, or if it is hidden treasure belonging to the pre-Islamic period it is subject to payment of the fifth.” *The price of a shield in the Prophet’s time is said to have been a quarter of a dinar. Ten dirhams is also mentioned Nasa’i transmitted it. Abu Dawud transmitted from ‘Amr from “he was asked about finds” to the end.

Abu Sa'id al-Khudri said that ‘Ali b. Abu Talib found a dinar and after taking it to Fatima asked God’s Messenger about it. He replied that this was God’s provision, and God’s Messenger, ‘Ali and Fatima ate food which was bought with it. But afterwards a woman came crying out about the dinar and God’s Messenger said, “Pay the dinar, ‘Ali.” Abu Dawud transmitted it.

Al-Jarud reported God’s Messenger as saying, “A Muslim’s lost property is a cause of the flame of hell*.” * i.e. when the finder, wishing to keep the article, does not make public the fact that he has found it. Darimi transmitted it.

‘Iyad b. Himar reported God’s Messenger as saying, “He who finds Something should call one or two trusty people as witness and not conceal it or cover it up; then if he finds its owner he should return it to him, otherwise it is God’s property which he gives to whom He will.” Ahmad, Abu Dawud and Darimi transmitted it.

Jabir said that God’s Messenger gave licence that a man might use for himself a stick, a whip, a rope and things of that type which he picked up. Abu Dawud transmitted it.