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The question

What is the ruling on using a towel that a brother found after a school trip, knowing that he had lost his own towel and no one had looked for it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

The towel is in one of two situations:

1. If it is inexpensive and not something that people of average means would care about, then it is not obligatory to publicize it, and it is permissible to possess it and benefit from it. 2. If it is valuable, such that its owner would seek it, then your brother must publicize it for a year. If its owner does not come forward, it is permissible for him to possess it. If he deliberately fails to publicize it, knowing the ruling, he has sinned, and it is not lawful for him to possess it.

Scholars differed on whether a lost item (Luqata) should be publicized after the first year has passed or not. Al-Juwayni, a Shafi’i scholar, said: It is permissible to delay the publicizing, and the date of finding it can be mentioned. Ibn Qudamah said: If he delays publicizing it beyond the first year, despite being able to do so, he has sinned. The publicizing is forfeited, according to the stated position of Ahmad, while others held that it is not forfeited. According to both opinions, he does not own it by publicizing it after the first year, and it is possible that he should hand it over to the ruler. If he neglects publicizing it during part of the first year due to an excuse, there are two views: The first: His ruling is like one who neglected it despite being able to do so. The second: He publicizes it and owns it.

If it is highly probable that its owner will reach it, then publicizing it is obligatory. If evidence indicates that a student stole your brother's towel and left this one, it is permissible to take it without publicizing it.

The questioner is obliged to describe the condition of the towel to his brother based on the above. If it is of the second type, he is not permitted to benefit from it.

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Ftawy
Original fatwa ID
136866
Imported
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