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سنن ابن ماجه
Ibn Majah
كتاب الأحكامThe Chapters on Rulings
بَابُ : مَنْ سُرِقَ لَهُ شَيْءٌ فَوَجَدَهُ فِي يَدِ رَجُلٍ اشْتَرَاهُChapter: A Person Who Has Something Stolen, And He Finds It In The Possession Of A Man Who Bought
Hadith 2331
اُردوEn
حَدَّثَنَا عَلِيُّ بْنُ مُحَمَّدٍ ، حَدَّثَنَا أَبُو مُعَاوِيَةَ ، حَدَّثَنَا حَجَّاجٌ ، عَنْ سَعِيدِ بْنِ عُبَيْدِ بْنِ زَيْدِ بْنِ عُقْبَةَ ، عَنْ أَبِيهِ ، عَنْ سَمُرَةَ بْنِ جُنْدَبٍ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " إِذَا ضَاعَ لِلرَّجُلِ مَتَاعٌ أَوْ سُرِقَ لَهُ مَتَاعٌ فَوَجَدَهُ فِي يَدِ رَجُلٍ يَبِيعُهُ فَهُوَ أَحَقُّ بِهِ وَيَرْجِعُ الْمُشْتَرِي عَلَى الْبَائِعِ بِالثَّمَنِ " .
´It was narrated from Samurah bin Jundub that the Messenger of Allah (ﷺ) said:` “If a man loses something, or it is stolen from him, and he finds it in the possession of a man who bought it, then he has more right to it, and the one who bought it should ask for his money back from the one who sold it to him.' ”
Related hadith on this topic
Brief Explanation
1؎: That is, the original owner whose property was stolen is more entitled to it.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit:
If any usurped, stolen, or lost property is found in someone's possession,
then it is the right of the original owner.
That is, the buyer should return it to the original owner.
And he should recover his loss, that is, the price of that property, from the person from whom he had purchased it.
Benefit:
If any usurped, stolen, or lost property is found in someone's possession,
then it is the right of the original owner.
That is, the buyer should return it to the original owner.
And he should recover his loss, that is, the price of that property, from the person from whom he had purchased it.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3531
Hafiz Muhammad Ameen
Urdu footnote:
‘Ayn, that is, by "original property" is meant the property which was stolen or snatched, and then was found in the possession of another person. According to this hadith, the original owner will take back his property from the other person without any compensation. The second person will demand his money from the seller, not from the original owner, because it is his personal property. (For a detailed discussion, see Hadith: 4683)
‘Ayn, that is, by "original property" is meant the property which was stolen or snatched, and then was found in the possession of another person. According to this hadith, the original owner will take back his property from the other person without any compensation. The second person will demand his money from the seller, not from the original owner, because it is his personal property. (For a detailed discussion, see Hadith: 4683)
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4685
