Is it permissible for someone who stole a sum of money from his family to return it to the same place and secure keeping from which he took it, without their knowledge? And if a person stole a trivial item from a grocery store in his youth and its owner died, is it sufficient for him to hand over the amount to the deceased's brothers for them to divide it among the heirs, knowing the difficulty of reaching all of them? And if the stolen item was damaged or lost and its form and type are unknown, is it permissible to return its value?
The phrase means that the liability of the thief is not waived simply by returning the stolen item to the place from which it was taken. Al-Mawardi mentioned that wealth for which liability became due by breaching a secured place does not cease to be liable by its return to that place. There is a disagreement among scholars regarding this issue. The Shafi'i and Hanbali schools hold that liability is not waived until the money is returned to its owner. In contrast, the Maliki school believes there is no liability if the money or its equivalent is returned. The scholars of opinion have a detailed view. If the stolen item is damaged, its value on the day it was seized must be returned. If the rightful owner dies, the money must be returned to his heirs according to their legal shares, or to the deceased's guardian, the heirs' agent, or the judge if it is impossible to identify or ascertain all the heirs.
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