Answered by Shaykh Yūsuf Badāt
Question:
I was in a revision session and we were revising Mukhtaṣar Al-Qudūrī and when it mentioned about where there is a lost item and someone picks it up, makes it known and he keeps it with him for the required period of time then after that if no one shows up, if he gave it in charity and then someone came to claim it and the person who lost the item charged the finder for the value of the lost item, in this scenario, one of the guys in the class we first studied it asked is it not injustice? Then in the revision session he said it seems wrong. I do not know if this would mean he fell into kufr, I was thinking what he was doing is ijtihād and in a sense my thought was coming to that what if he did not know the evidence for that and so was his intent by saying what he said not that he wanted to reject the Qur’ān or the sunnah.
Then a thought was coming to me that am I trying to justify kufr? What shall I do? Are these waswās coming to me?
Answer:
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allāh, Most Gracious, Most Merciful.
Jazāk Allāh Khayr/ Thank you for contacting Mathābah Institute.
There are differing opinions amongst the jurists regarding luqṭah (picked up lost items). In the described scenario, there is no kufr. You and the student in question are learning and will advance your knowledge as time progresses. The thoughts that are in your mind are devilish whispers. Unless and until a believer does not openly and precisely reject the core tenants of Islam, the believer remains muslim. The well know fiqh principle is that “There is no consideration for assumptions [whispers and doubts] to formulate a ruling.”– (See: Al-Qawāid Al-Fiqhīyyah, Page 25, Dār Al-Tirmidhī[1])
“And if it comes to you from the devil an evil suggestion, then seek refuge in Allāh. Indeed, He is the All-Hearing and All-Knowing.” – (Qurʿān: 41:36)[2]
The Prophet (peace and blessings upon him) said, “I bear testimony to the fact that there is no god but Allāh, and I am His Messenger. The person who would meet Allāh without entertaining any doubt about these [two fundamentals] would enter Paradise”. – (Ṣaḥīḥ Muslim 27)[3]
The Prophet (peace and blessings be upon him) said, “Allāh has forgiven my followers the evil thoughts that occur in their minds, as long as such thoughts are not put into action or uttered.” – (Ṣaḥīḥ Bukhārī 5269)[4]
Only Allāh knows best
[1] لَا عِبْرَةَ لِلتَوَهُم – القواعد الفقهية ص٢٥ دارالترمذي
[2] وَإِمَّا يَنزَغَنَّكَ مِنَ الشَّيْطَانِ نَزْغٌ فَاسْتَعِذْ بِاللَّه – حم فصلت إِنَّهُ هُوَ السَّمِيعُ الْعَلِيمُ
[3] فَقَالَ عِنْدَ ذَلِكَ أَشْهَدُ أَنْ لاَ إِلَهَ إِلاَّ اللَّهُ وَأَنِّي رَسُولُ اللَّهِ لاَ يَلْقَى اللَّهَ بِهِمَا عَبْدٌ غَيْرَ شَاكٍّ فِيهِمَا إِلاَّ دَخَلَ الْجَنَّةَ – رواه مسلم ٢٧
[4] عَنْ أَبِي هُرَيْرَةَ رضى الله عنه عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا مَا لَمْ تَعْمَلْ أَوْ تَتَكَلَّمْ – رواه البخاري ٥٢٦٩