Making Use of Found Property

Question

A man travelled to Pakistan with his wife. On the way back, at the border, they came upon a bag containing cloth and the like. The husband learned of it after leaving the border — they had not yet crossed the second border. He made enquiries, but the owner could not be traced. Customs duty and the like were also charged on it at the border. Then, on coming home, the wife had some clothes stitched from it. The husband enquired about the ruling. In such a case, should this luqata (found property)

Answer

If the owner is not found and, despite every effort, there is only failure, then that cloth should be given in charity as luqata, and whatever was spent on it for stitching and customs should not be deducted from it: this expense was not incurred in searching for the owner or in safeguarding the cloth, but for one’s own purpose.

Source: Fatawa Mahmudiyya

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