What is the ruling on one who finds a shoe in the place of his own shoe, other than the shoe he was following? Does he take it and wear it, or does he leave it?
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The questioner : What is the ruling on one who finds a shoe in the place of his own shoe, other than the shoe that belongs to him? Does he take it and wear it, or does he leave it?
The Shaykh : He should leave it, and it is not permissible for him to take it, because it is possible that someone other than the owner of this shoe has taken his shoe, in which case this person would be taking what does not belong to him.
Yes, some scholars said: If the two shoes are similar—meaning his shoe and the shoe that remained—then there is no harm in taking it, because the apparent situation is that the owner of the shoe made a mistake and took his shoe—meaning the shoe of the person whose shoes were lost—thinking it was his own.
This opinion has a valid aspect, without a doubt, but scrupulousness dictates that he not do so; he should consider it a lost item, and if he wishes, he may take it and identify it, or if he wishes, he may leave it.
The Shaykh : He should leave it, and it is not permissible for him to take it, because it is possible that someone other than the owner of this shoe has taken his shoe, in which case this person would be taking what does not belong to him.
Yes, some scholars said: If the two shoes are similar—meaning his shoe and the shoe that remained—then there is no harm in taking it, because the apparent situation is that the owner of the shoe made a mistake and took his shoe—meaning the shoe of the person whose shoes were lost—thinking it was his own.
This opinion has a valid aspect, without a doubt, but scrupulousness dictates that he not do so; he should consider it a lost item, and if he wishes, he may take it and identify it, or if he wishes, he may leave it.