The scholars said in the chapter on usurpation: "And if he does not know its owner, he gives it in charity on his behalf, with the value guaranteed." This is clear in the case of a Muslim. So what is the ruling if the usurped item belongs to a disbeliever?
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The Shaykh : The scholars said in the chapter on usurpation: "And if he does not know its owner, he gives it in charity on his behalf, with the value guaranteed". This is clear in the case of a Muslim. So what is the ruling if the one from whom the item was usurped is a disbeliever, since charity does not benefit a disbeliever and is not accepted from him?
Answer: He should remove it from his ownership and intend to rid himself of it, without intending it as charity. However, if someone asks: Why does he not intend it as charity, in case this disbeliever might become a Muslim and it would benefit him? He should intend it as charity. If Allah the Mighty and Majestic causes him to die upon disbelief, it will not benefit him, but if He causes him to die upon faith, it will benefit him.
Answer: He should remove it from his ownership and intend to rid himself of it, without intending it as charity. However, if someone asks: Why does he not intend it as charity, in case this disbeliever might become a Muslim and it would benefit him? He should intend it as charity. If Allah the Mighty and Majestic causes him to die upon disbelief, it will not benefit him, but if He causes him to die upon faith, it will benefit him.
