If one finds his goods with a person under a legal restriction and they have decreased, is he allowed to take them?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, regarding the issue of finding one’s goods: if a person finds his goods with someone under a legal restriction, and he did not know about the restriction, but the goods have decreased—for example, if he used the car—does he have the right to take his car, even if it is used, and he has waived the value of its use?
Answer:
No. If it has changed by decrease or increase, it is not permissible for him to take it, because the Messenger (peace and blessings be upon him) said: “Whoever finds his property in its original form…” This is not what he found in its original form; he found it decreased or increased. It belongs to the creditors. Yes.
He says: Honorable Shaykh, may Allah grant you success, regarding the issue of finding one’s goods: if a person finds his goods with someone under a legal restriction, and he did not know about the restriction, but the goods have decreased—for example, if he used the car—does he have the right to take his car, even if it is used, and he has waived the value of its use?
Answer:
No. If it has changed by decrease or increase, it is not permissible for him to take it, because the Messenger (peace and blessings be upon him) said: “Whoever finds his property in its original form…” This is not what he found in its original form; he found it decreased or increased. It belongs to the creditors. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1342 -2802] من وجد سلعته عند المحجور عليه وقد نقصت، هل له أن يأخذها؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.