I worked on my shed in the back yard with some friends. After everybody left I found a drill machine and I have checked with everyone and it doesn't belong to anyone.
There is no charger with it so would it be permissible for me to use it? It could be mine (really old) but I can't remember but it is definitely not ANYBODY who worked on the shed with me.
What should be done? The only other option is to throw it away...
Jokes apart, here is what I found in Reliance of a Traveller.
k27.0 LOST AND FOUND (LUQTA) (n: Given Z, who finds an article lying on the ground and picks it up.)
k27.1 When a responsible adult finds a lost and found article it is permissible for him to take (0: or leave) it.
k27.2 If he can trust himself to take the proper measures for such articles (dis: below), it is recommended that he pick it up, though if he cannot depend on himself not to betray the trust (A: by simply appropriating the article without telling anyone), then it is offensive for him to take it.
k27.3 It is recommended that the finder determine the type, description, and amount of the article he has found, its container, and the string
with which it was tied (0: it being preferable that he record this in writing so as not to forget), and for him to have witnesses attest to his having found it.
k27.4 The following two kinds of articles are permissible to pick up for safekeeping (def: k27.5) but unlawful to pick up as lost and found (A; to be advertised and then appropriated (def: k27.6)), and should he do the latter, Z is financially responsible for the article:
(1) something lost and found within the Meccan Sacred Precinct (Haram);
(2) or an animal unmenaced by small predators, such as a camel or a horse lost and found on open range.
In other than these two cases it is permissible for Z to pick up the article, either for safekeeping, or to be advertised and then appropriated.
k27.5 If Z picks up the article for safekeeping, he is not obliged to advertise having found it, and it remains in his care as a trust (def:k17.14) which he is never entitled to dispose of in any way until he finds its owner, in which case he gives it to him.
If Z wishes to deliver it to the Islamic magistrate, the latter must accept it.
If Z picks up the article within the Meccan Sacred Precinct (Haram) for safekeeping, he is obliged to advertise his having found it (n: as
below).
k27.6 If Z picks up an article intending to appropriate it if he cannot find the owner, then he is obliged to advertise its having been found for a (0: full) year on the doors of mosques, in the marketplaces, and the vicinity where he found it, in the manner customary for advertising such things. At the first of the period he should publicize it morning and evening, then subsequently once a day, then once a week, then once a month, such that the first advertisement is not forgotten and that it is realized that the subsequent notices are repetitions of it (0: and this is what is meant by the customary manner mentioned above). Z mention some of the article's characteristics in the advertisement, but not all of them (A: so that a I would-be claimant is able to prove ownership by describing it in detail) (0: for if Z divulges them all (A: and a pretender takes it), then Z is financially responsible for its loss (A: if the real owner should appear and the pretender cannot be found)).
If the lost and found item is not something major, meaning something unlikely to cause much regret and which will probably be unsought after its loss, then it is not obligatory to advertise it for a whole year, though one must advertise it long enough that its owner will probably have ceased to be concerned about it (N: and this latter is the criterion for advertising most lost and found things, which need not be advertised for a whole year).
k27.7 When Z advertises a lost and found article for a year, it does not enter his possession until he chooses to appropriate it with a formal statement to that effect (0: and not by the mere intention. The statement consists of saying, "I take possession of it," or the like). Z takes possession of it when he chooses to do so (0: by uttering the above words). If it is destroyed before he chooses to appropriate it, Z is not financially responsible for its loss.
k27.8 If Z has appropriated the article (N: which thus enters his financial liability), and the owner one day appears, then the owner is entitled to take:
(1) the article itself, if it still exists;
(2) an equal quantity (0: if it was fungible (mithli, def: k20.3(1)));
(3) its market value (0: if it was nonfungible (mutaqawwim), where market value refers to the going price for similar articles on the day Z formally appropriated it);
(4) or ,if the article still exists but some defect has occurred in it, then the owner takes it back with an appropriate compensation (def:
k5.4) (0: for the new defect that occurred while Z had it).
k27.9 It is offensive for a corrupt person (def: 024.3) to pick up a lost and found article. If he does, the article is taken from him and deposited with someone, trustworthy, and a reliable person is dispatched to oversee the corrupt person's advertising (def: k27.6) of the find, after which the corrupt person may appropriate it.
k27.10 In cases where safekeeping the article is not practicable, as when it is a watermelon or similar, Z may choose to either eat it or sell it (A: in either case covering the cost if the owner subsequently appears), after which he advertises finding it for a year (0: if it is something major, or less than a year (dis: k27.6, second part) if minor). If it is possible to preserve the article, as when it consists of dates (A: which are conserved by drying), then if it is to the owner's advantage to sell it, Z sells it, while if it is to the owner's advantage to dry it, then Z dries it. (0: In such a case, if Z wants to simply donate the cost of drying it to the owner, he does so. Otherwise, he sells part of the lot to cover the cost of drying the rest, in the owner's interests. The difference between this and an animal found, of which all is sold, is that an animal's maintenance requires repeated expenditures that may add up to more than it is worth.)
The ruling is more from a shafi perspective, so I would recommend a hanafi version for Muadh. However, the above does look like the same for hanafi. It's to do with the value of the item and how long it has been there and how hard you have tried to find the owner etc. (but it looks like it's yours)
There is a Fiqh lecture about this in the video section where they talk about this in detail. It includes topics such as these and things like what to do when someone owes you something bit they are not returning it.
Great lessons. InshaAllah, I'll ask Seifeddine if he could point me in the right direction for the lecture as it was because of him that I heard the lesson.
This cannot be undone and I am sure it will be greatly appreciated.
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