The ruling on one whose shoes were stolen in a public place and who took others in their place

Question:
The listener (M. S. S.) from al-Mujaridah sent a message containing several questions. In his first question, he says: A man lost his shoes—may Allah reward you—in a public place, so he replaced them with another pair. Does he bear any sin? Is an expiation obligatory upon him? Please inform us of the ruling. May Allah reward you with good.

Answer:
He is not permitted to take another pair of shoes; rather, this is considered an overstepping of bounds. It is considered an encroachment upon the rights of others. However, he should ask: Who found the shoes that match this description? He should ask them. If he finds them, praise be to Allah. Otherwise, he should hope for replacement from Allah. But if it was in a private place and he found something similar in their place, there is no harm; because the one who took them may have made a mistake, as long as they were confused with the remaining ones, with those present.
Therefore, it appears that the owner who took them did not intend to commit a falsehood, but rather took them by mistake, thinking they were his shoes; because the two pairs were similar. So if it was in a private place, and he found something similar in their place, and it is possible he made a mistake regarding them, I hope there is no blame on him for that action, acting upon the apparent reality, and that the apparent reality is that the owner left them and he took others thinking they were his slippers. Yes.

The presenter : May Allah reward you with good.