Nasai

(1) “His own property” refers to something that had been stolen from him or snatched away.

(2) “He should not be suspicious or accused”—meaning, he himself is not the thief, rather he has purchased it from the thief. It is not necessary that he knows it is stolen; however, if someone knows that a person is a thief, then it is unlawful to purchase anything from him, because the predominant assumption is that the item is stolen.

(3) “He should take it by paying the amount for which he (the buyer) purchased it.” This is an exhortation towards goodness; otherwise, he is the original owner of the item. But since the other person is not at fault, his money should not be lost either. If his fault is established, for example: he purchased the item knowing it was stolen, then he can be held liable for compensation. In the following hadith, there is a ruling contrary to this hadith: the original owner will take back his property, and the buyer will recover his money from the seller. This narration is in accordance with the principle, but the decision of the Rightly Guided Caliphs is upon the first hadith. Thus, the decision will be made according to the circumstances. If the second person is completely innocent, then the decision will be according to the first hadith, for example: it is not possible to know the seller, or he has fled, or he has died, etc. And if he is also at fault, for example: he knew that the item was stolen, or the money can be recovered from the seller, then the decision will be according to the second hadith. Thus, the context and application of both ahadith are different. And Allah knows best!

(4) It is important to remember that in the chain of this hadith, Imam al-Nasa’i rahimahullah made an error in mentioning the name of the Companion as “Usayd ibn Hudayr ibn Samak,” which is completely incorrect. The correct name is: “Usayd ibn Zuhayr.” Imam al-Mizzi rahimahullah has pointed out this mistake in his well-known work “Tahdhib al-Kamal.” See: (Tahdhib al-Kamal: 2:264, 265). This Companion is indeed Usayd ibn Zuhayr, because Usayd ibn Hudayr radi Allahu anhu passed away during the caliphate of Umar ibn al-Khattab radi Allahu anhu, and his funeral prayer was led by the Commander of the Faithful, Umar radi Allahu anhu. Just consider: a person who passed away during the blessed era of Umar radi Allahu anhu—how could he possibly have lived to see the era of our master Mu’awiyah radi Allahu anhu?