What should a man do who obtained in-kind materials through unlawful means and is unable to return them to their owners? Is it permissible for him to pay their value to the poor and use them?
The noble , "On the hand is what it took until it returns it," indicates the obligation to return what one has taken possession of that belongs to another. One's responsibility is not absolved until it is delivered to its owner or their representative.
If the physical items are still with the person who took them unlawfully, they must be returned to their known owners, even if indirectly. If they are damaged, their value must be returned. However, if returning them is impossible due to the owners being unknown, then their value or the items themselves should be given as charity to the poor. They become lawful for the poor but remain unlawful for the one who took them unjustly.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 89769
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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