Is it permissible to take the home seller's phone as compensation for the furniture and belongings he took after pledging to vacate the property?
If someone's property is unjustly taken, and the wronged individual finds some property belonging to the oppressor, the Maliki and Shafi'i schools of thought permit the wronged person to secretly take from the oppressor's property an amount equivalent to their right. They base this on the generality of texts that allow for retribution in kind, such as the Almighty's saying: "So whoever commits aggression against you, then aggress against him in like manner as he aggressed against you" (Quran 2:194), and His saying: "And if you punish [an enemy], then punish with an equivalent of that with which you were afflicted" (Quran 16:126). They also cite the hadith of Hind bint Utbah (may Allah be pleased with her), where the Prophet (peace be upon him) permitted her to take from Abu Sufyan's wealth what sufficed her and her children, in a reasonable manner.
As for those who prohibit this, they cite the hadith: "Return the trust to the one who entrusted you, and do not betray one who betrays you." However, the response to this argument is that one who takes their right has not betrayed the one who betrayed them, but rather has done justice to themselves.
The preponderant view is that it is permissible for the wronged person to take from the oppressor's property an amount equivalent to what was taken from them. If the wronged person took a phone and its value was equal to or less than their right, then this is permissible for them. If it was more than their right, they should take their right and return the remainder to its owner.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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