سنن نسائي
Nasai
كتاب البيوعThe Book of Financial Transactions
بَابُ : الرَّجُلِ يَبِيعُ السِّلْعَةَ فَيَسْتَحِقُّهَا مُسْتَحِقٌّChapter: If A Man Sells An Item And A Third Party Has More Right To It
Hadith 4685
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ دَاوُدَ ، قَالَ : حَدَّثَنَا عَمْرُو بْنُ عَوْنٍ ، قَالَ : حَدَّثَنَا هُشَيْمٌ ، عَنْ مُوسَى بْنِ السَّائِبِ ، عَنْ قَتَادَةَ ، عَنْ الْحَسَنِ ، عَنْ سَمُرَةَ ، قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " الرَّجُلُ أَحَقُّ بِعَيْنِ مَالِهِ إِذَا وَجَدَهُ , وَيَتْبَعُ الْبَائِعُ مَنْ بَاعَهُ " .
´It was narrated from Sammurah that the Messenger of Allah said:` "A man has more right to his own wealth when he finds it, and the buyer should pursue the one who sold it to him."
Related hadith on this topic
Explanation & Benefits
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
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
