10/1. Chapter:
Sunan Abi Dawud 1710 — Fruit, Finds, and Public Property Rules
Finds
Hadith About Hanging Fruit, Lost Property, and Hidden Treasure
Sunan Abi Dawud : 1710
Sunan Abi DawudHadith Number 1710
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، حَدَّثَنَا اللَّيْثُ، عَنِ ابْنِ عَجْلاَنَ، عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ عَبْدِ اللَّهِ بْنِ عَمْرِو بْنِ الْعَاصِ، عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم أَنَّهُ سُئِلَ عَنِ الثَّمَرِ الْمُعَلَّقِ فَقَالَ " مَنْ أَصَابَ بِفِيهِ مِنْ ذِي حَاجَةٍ غَيْرَ مُتَّخِذٍ خُبْنَةً فَلاَ شَىْءَ عَلَيْهِ وَمَنْ خَرَجَ بِشَىْءٍ مِنْهُ فَعَلَيْهِ غَرَامَةُ مِثْلَيْهِ وَالْعُقُوبَةُ وَمَنْ سَرَقَ مِنْهُ شَيْئًا بَعْدَ أَنْ يُئْوِيَهُ الْجَرِينُ فَبَلَغَ ثَمَنَ الْمِجَنِّ فَعَلَيْهِ الْقَطْعُ " . وَذَكَرَ فِي ضَالَّةِ الإِبِلِ وَالْغَنَمِ كَمَا ذَكَرَهُ غَيْرُهُ قَالَ وَسُئِلَ عَنِ اللُّقَطَةِ فَقَالَ " مَا كَانَ مِنْهَا فِي طَرِيقِ الْمِيتَاءِ أَوِ الْقَرْيَةِ الْجَامِعَةِ فَعَرِّفْهَا سَنَةً فَإِنْ جَاءَ طَالِبُهَا فَادْفَعْهَا إِلَيْهِ وَإِنْ لَمْ يَأْتِ فَهِيَ لَكَ وَمَا كَانَ فِي الْخَرَابِ - يَعْنِي - فَفِيهَا وَفِي الرِّكَازِ الْخُمُسُ " .
Abdullah ibn Amr ibn al-'As Narrated from:
The Messenger of Allah (ﷺ) was asked about the hanging fruit. He replied: 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 find 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 its value reaches the price of a shield.Regarding stray camels and sheep 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. If it is in a place which has been a waste from ancient time, or if it is a hidden treasure (belonging to the Islamic period), it is subject to the payment of the fifth.
[1] Hanging on the vine or tree.[1] Scholars of different regions defined it differently, some of them said it is ore of mines, and others said it is Kanz (the treasure) that was buried during pre-Islamic times and found later. Similar was mentioned earlier in the Book of Zakāt related to the term Kanz .Reference : Sunan Abi Dawud 1710In-book reference : Book 10, Hadith 10English translation : Book 9, Hadith 1706
Summary of Sunan Abi Dawud Hadith 1710
This hadith about property rights covers several cases in one report. The Prophet صلى الله عليه وسلم was asked about hanging fruit. He said that a needy person who eats some without carrying a supply away in his garment is not blamed. But the one who carries it away faces payment and punishment. If the fruit has been stored in the drying place and its value reaches the price of a shield, theft has a stronger legal result mentioned in the hadith. The report also repeats the rules of stray camels and sheep, and then explains found property. If a lost item is found on a frequented road or in a large town, it should be announced for a year. If no owner comes, it belongs to the finder. If it is in ancient waste land or is hidden treasure, one fifth is due.
What we learn from this hadith
- A needy person eating some hanging fruit is treated differently from someone carrying it away.
- Found property in a road or town should be announced for a year.
- If the owner comes, the found item should be returned.
- Hidden treasure mentioned in the hadith is subject to one fifth.
