The Finder Using Found Property Himself

Question

I respectfully submit that finding the actual owner of the watch through public announcement (taʿrif) appears to be impossible, since more than 8 years have already passed, and the watch was found lying at the edge of a railway line, which is a public way — there is no knowing whose it might be. Secondly, there is also the fear that if one now makes an announcement and searches for the owner, the police and the like might cause some sort of trouble and mischief and level an accusation of theft and the like.

Answer

Since the predominant assumption is that the actual owner has by now given up searching for the watch, its price should be given away as sadaqa on behalf of the actual owner. If he himself is poor, it is also permissible to keep the price himself. The sin of not searching for the actual owner has been incurred; for it he should seek forgiveness (istighfar)

Source: Fatawa Mahmudiyya

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