Taking from the money of one who stole from you and its connection to the issue of seizing (al-zafar)
Machine translationRead the Arabic original
Question:
Honorable Shaykh Ahmad ibn Matalib, may Allah protect you, regarding the issue of the ruling: If a person steals something from you and then you are able to take it back without his knowledge, is this issue among the issues of seizing (al-zafar)?
Answer:
No, this is not among the issues of seizing (al-zafar) that involve a contract, such as a sales contract, a purchase contract, or a debt contract, where your right is established with him through a contract. As for the issue of theft, no, you do not steal from him. Yes, but you establish the case against him before the judge. If the theft is proven against him, the judge executes the hadd (fixed punishment) upon him and returns the money to its owner. If we said that one who stole from you may steal from him, it would lead to chaos, with everyone taking the money of another and claiming that he stole from him. This is not permissible. Yes.
Honorable Shaykh Ahmad ibn Matalib, may Allah protect you, regarding the issue of the ruling: If a person steals something from you and then you are able to take it back without his knowledge, is this issue among the issues of seizing (al-zafar)?
Answer:
No, this is not among the issues of seizing (al-zafar) that involve a contract, such as a sales contract, a purchase contract, or a debt contract, where your right is established with him through a contract. As for the issue of theft, no, you do not steal from him. Yes, but you establish the case against him before the judge. If the theft is proven against him, the judge executes the hadd (fixed punishment) upon him and returns the money to its owner. If we said that one who stole from you may steal from him, it would lead to chaos, with everyone taking the money of another and claiming that he stole from him. This is not permissible. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 81 من 89|شرح العدة في شرح العمدة|كتاب الحدود|فصل فيما يشترط في السوط يقام به الحد|صالح الفوزان|الفقه — youtube.com (1:07:34)
The Arabic text is a machine transcription of the audio recording.
