What Should You Do If You Unknowingly Benefit from Items Taken Without Permission and Cannot Find the Owner?
Hanafi Fiqh
Answered by Shaykh Faraz Rabbani
Question
If someone unknowingly benefits from items taken without permission and cannot identify or return them to the owner, what should they do? Is it enough to give charity for the value, or is something more required?
Answer
In the Name of Allah, the Merciful and Compassionate.
May Allah Most High reward your concern for the rights of others. This very concern is at the heart of the answer.
There are two guiding principles here. First, the rights of others are not lifted by repentance alone. They must be restored. If something cannot be returned in its original form, it must be returned in value to the owner. If, after sincere effort, the owner cannot be found, then the value should be given in charity on the owner’s behalf, intending the reward for them.
Allah Most High commands:
“O you who believe, devour not your wealth between you through falsehood; But only through trade by your complete mutual consent.” [Quran 4:29; Keller, The Quran Beheld]
This verse affirms the inviolability of others’ wealth. Whoever benefits from another’s property without consent must restore it in form or in value. If neither is possible, then charity should be given on the owner’s behalf.
Imam Ibn Abidin (Allah have mercy on him) explains that diligent search for the owner is the first obligation. If the owner cannot be identified or located after honest effort, the equivalent value of the benefit is given in charity, with the reward intended to reach the owner. [Ibn Abidin, Radd al-Muhtar; Fatawa Hindiyya]
There are three matters to keep in mind. First, estimate the value honestly. What was enjoyed without right should be matched, not minimized. Second, the search for the owner must be genuine, not merely outward. Third, the intention at the time of giving is essential: “This is for the owner if found; otherwise, as charity on their behalf, with the reward reaching them.” If the owner ever appears, you remain responsible for repaying them. The charity given does not remove the original right.
Returning What Cannot Be Returned in Form
The mercy of the Sacred Law is clear. When the right cannot reach the owner in form, it reaches them through charity, and the reward is written for them.
Your sincere concern is itself part of returning the right.
May Allah Most High clear your account, accept your charity on the owner’s behalf, and grant you blessings greater than what was lost.
And Allah knows best.
[Shaykh] Faraz Rabbani
Related
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- How to Redress Wrong From Stealing?
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Shaykh Faraz Rabbani is a recognized specialist scholar in the Islamic sciences, having studied under leading scholars from around the world. He is the Founder and Executive Director of SeekersGuidance.
Shaykh Faraz stands as a distinguished figure in Islamic scholarship. His journey in seeking knowledge is marked by dedication and depth. He spent ten years studying under some of the most revered scholars of our times. His initial studies took place in Damascus. He then continued in Amman, Jordan.
In Damascus, he was privileged to learn from the late Shaykh Adib al-Kallas. Shaykh Adib al-Kallas was renowned as the foremost theologian of his time. Shaykh Faraz also studied under Shaykh Hassan al-Hindi in Damascus. Shaykh Hassan is recognized as one of the leading Hanafi jurists of our era.
Upon completing his studies, Shaykh Faraz returned to Canada in 2007. His return marked a new chapter in his service to the community. He founded SeekersGuidance. The organization reflects his commitment to spreading Islamic knowledge. It aims to be reliable, relevant, inspiring, and accessible. This mission addresses both online and on-the-ground needs.
Shaykh Faraz is also an accomplished author. His notable work includes “Absolute Essentials of Islam: Faith, Prayer, and the Path of Salvation According to the Hanafi School,” published by White Thread Press in 2004, which is a significant contribution to Islamic literature.
His influence extends beyond his immediate community. Since 2011, Shaykh Faraz has been recognized as one of the 500 most influential Muslims. This recognition comes from the Royal Islamic Strategic Studies Center. It underscores his impact on the global Islamic discourse.
Shaykh Faraz Rabbani’s life and work embody a profound commitment to Islamic scholarship. His teachings continue to enlighten and guide seekers of knowledge worldwide.
