The ruling on one who disposes of something he believes he does not own, only to find out that he did own it
Machine translationRead the Arabic original
The questioner : One who disposes of something he believes he does not own, only to find out that he did own it.
The Shaykh : Is the situation clear? He sold something he believed he did not own, only to find out that it was his property. For example, he sold his cousin's car, believing that his cousin was still alive, only to find out that his cousin had died before the sale, and the one who sold the car is the one who inherited it. This is the issue.
The presenter : Several cases fall under this, including one category.
The Shaykh : There is also a disagreement. What is the disagreement? Does his disposal take effect or not? The one who says it does not take effect argues that he disposed of it before he knew that its ownership had devolved upon him. The ones who say it does take effect argue that he disposed of a matter that turned out to be his property.
The Shaykh : Is the situation clear? He sold something he believed he did not own, only to find out that it was his property. For example, he sold his cousin's car, believing that his cousin was still alive, only to find out that his cousin had died before the sale, and the one who sold the car is the one who inherited it. This is the issue.
The presenter : Several cases fall under this, including one category.
The Shaykh : There is also a disagreement. What is the disagreement? Does his disposal take effect or not? The one who says it does not take effect argues that he disposed of it before he knew that its ownership had devolved upon him. The ones who say it does take effect argue that he disposed of a matter that turned out to be his property.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 455 - حكم من تصرّف في شيء يظن أنه لا يملكه فتبين أنه كان يملكه - قواعد ابن رجب - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.