What to do with lost and found books
Category:
Miscellaneous
According to Madhhab:
Hanafi
Reference:
1441-005
Question:
I
am a student at a Dārul ‘Uloom in U.K. In our Madrasah the following queries
regularly arise regarding books found in the madrasah:
(1)-
(A) If a book is found in the Madrasah and it has no name on it what should be
done with such a book
(B) Such books which have no name on it, can a student from the Madrasah take
this book and use it himself.
(C) Can a student claim ownership of such a book which has no name on it.
(2)-
(A) If a students name is on a book but this student no longer studies in the
madrasah, can somebody else use this book without the permission of the name on
the cover.
(3)- Many books have ‘Waqf’ written on them.
(A)- Can students take these book outside the Madrasah premises for personal
use.
(B) Can a student become the owner of these books and make them for personal
use.
(C) Can students who are eligible for Zakah take these books, use them and become
the owner
(D) If the one making a book Waqf has made it waqf for a specific Class, can
students from other classes use it.
am a student at a Dārul ‘Uloom in U.K. In our Madrasah the following queries
regularly arise regarding books found in the madrasah:
(1)-
(A) If a book is found in the Madrasah and it has no name on it what should be
done with such a book
(B) Such books which have no name on it, can a student from the Madrasah take
this book and use it himself.
(C) Can a student claim ownership of such a book which has no name on it.
(2)-
(A) If a students name is on a book but this student no longer studies in the
madrasah, can somebody else use this book without the permission of the name on
the cover.
(3)- Many books have ‘Waqf’ written on them.
(A)- Can students take these book outside the Madrasah premises for personal
use.
(B) Can a student become the owner of these books and make them for personal
use.
(C) Can students who are eligible for Zakah take these books, use them and become
the owner
(D) If the one making a book Waqf has made it waqf for a specific Class, can
students from other classes use it.
Answer:
(1A). The book will be regarded as Luqta (a lost item that has been found.) If it is of minimal value (less than ten Dirhams in value) it should be advertised for a few days, by placing a notice on the Madrasah notice board. If the book is not claimed within this period it may be given to a poor person. However, if the book is valued more than 10 Dirhams, then it should be advertised for a year, after which it may be given to the poor.
فإن كانت أقل من عشرة دراهم عرفها أياماً، وإن كانت عشرةً فصاعداً عرفها حول )اللباب في شرح الكتاب(
(1B). It will not be permissible for a student to use any Kitaab found on the Madrasah premises or anywhere else, even though the name of the owner may not be written on it. The ruling of Luqta explained in #1A will be applicable to such a Kitaab as well. However, if the student that found is poor, then he may keep the book for his personal use after the advertising period.
وإن كان الملتقط غنياً لم يجز له أن ينتفع بها، وإن كان فقيراً فلا بأس أن ينتفع بها )اللباب في شرح الكتاب(
(1C). No, He cannot claim, ownership of such a book. He has to locate the owner.
(2A). He should try and contact the student (since the Madrasah normally has records of all their students) and seek permission to utilise the book if he wishes to do so. The book shouldn’t be used until consent is granted.
(3A). If the donor donated the book for Madrasah use only, then it should not be used out of the Madrasah premises.
(3B). Students cannot become owners of Waqf property.
(3C). Students that qualify as recipients of Zakaat cannot take ownership of Waqf Kitaabs as well.
(3D). It will be for the students of that particular class if his intention was that the students of that class only may benefit from the Kitaab. However, it would be better for the donor of a Kitaab not to restrict its use to one class only, so that a maximum amount of people can benefit from his donation and he can thereby attain maximum reward.
AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Mufti Mohammed Desai
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B
Date: 03 Muharram 1441
English Date: 03 September 2019