Chapter: If A Man Sells An Item And A Third Party Has More Right To It

´Usaid bin Hudair bin Simak narrated that:` the Messenger of Allah ruled that if a man found (his goods) in the possession of a man who was not guilty, then if he wished he could give the man what he had paid for it, or if he wished he could go after the one who had stolen it. Abu Bakr and 'Umar passed similar judgments.

´Usaid bin Zubair Al-Ansari, who was one of Banu Harithah narrated that:` there was the governor of Al-Yamamah, and Marwan wrote to him saying that Mu'awiyah had written to him, saying that any man who had something stolen from him had more right to it wherever he found it. Then Marwan wrote saying that to me (Usaid). I wrote to Marwan saying that the Prophet had ruled that if the one who bought it from the one who stole it is ot guilty of anything (and did not realize that it was stolen goods), then the owner has the choice: If he wishes, he may buy it from the one who bought it from the thief, or if he wishes he may go after the thief. Abu Bakr, 'Umar and 'Uthman also passed judgment along these lines. Marwan sent my letter to Mu'awiyah, and Mu'awiyah wrote to Marwan (saying): 'Neither you nor Usaid are in a position to tell me what to do, rather I am the one who tells you what to do because I am superior in rank to you, so do what I tell you.' Marwan sent the letter of Mu'awiyah to me, and I said: I will not judge according to Mu'awiyah's opinion as long as I am the governor."'

´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."

´It was narrated from Sammurah that the Messenger of Allah said:` "If a woman is married off by two guardians, then the first marriage is the one that counts, and if a man sells something to two men, it belongs to the first one."