Giving Found Property in Charity and Selling It

Question

(1) Some time ago Zayd found a silver, gold item in a field; the field is near a road. Without searching for the owner he gave it away in charity, because the item appeared to be from a very long time ago. Is Zayd now under no obligation to search and so on? (2) Zayd bought a found item from a person and has not used it so far. Is using it appropriate or inappropriate?

Answer

(1) Searching was obligatory earlier; now that he has already given it in charity, searching is not obligatory. However, if the owner is found and he demands it, compensation (daman) will become binding. (2) Whoever finds something lying about and picks it up is obliged to search for the owner; when the owner is not found after a thorough search, he should then give it in…

Source: Fatawa Mahmudiyya

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