Darulifta Ahlesunnat
(Dawateislami)
Question
What do the scholars
of Islam say regarding the following issue: I am a taxi driver. Sometimes
whilst getting out of the car, the passenger forgets to take his belongings.
So, what is the Shar’i ruling for me in relation to
these belongings?
بِسْمِ اللہِ
الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ
الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
The belongings of passengers that you find in your taxi fall under the
ruling of Luqtah. The ruling of Luqtah
is that a person has to try his best to publicise this situation in order to
locate the actual owner. For instance, if information can be gained from where
you picked up the passenger or dropped him off, then you should try and
ascertain this from there. You should also wait for some period of time so that
if the passenger is in search of the driver, he may find you. If the owner is
found, the belongings should be handed over to him, you will be absolved of any
responsibility. However, despite all of this, if the passenger still cannot be
located, then you should keep the belongings with the purpose of protecting
them. When all the hope is lost in finding him, then give the belongings as
Sadaqah on his behalf to any Shar’i Faqeer or Miskeen [i.e. destitute defined by
Shari’a]. Likewise, if you are a Shar’i
Faqeer, then after announcing it for the aforementioned duration, you may bring
them into use yourself. In the case of giving the belongings as Sadaqah,
although you will be absolved of responsibility, but if the actual owner is
found at a later date and is not pleased with you for giving his belongings as
Sadaqah, then you will have to give the price of those belongings to the owner
from your own wealth. (Fatawa Hindiyyah, vol. 2, p. 289; Fatawa
Razawiyyah, vol. 25, p. 55; Bahar-e-Shari’at, vol. 2, pp. 475-476, selected)
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ
اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ
وَاٰلِہٖ وَسَلَّم
Answered by: Mufti Abu Muhammad Ali Asghar Attari Madani