Hadith 1127
- " إذا كان الذي ابتاعها (يعني السرقة) من الذي سرقها غير متهم يخير سيدها، فإن شاء أخذ الذي سرق منه بثمنها وإن شاء اتبع سارقه ".
It is narrated from ‘Ikrimah bin Khalid that Usayd bin Hudayr informed him about himself that he was the governor of Yamamah. He says: Marwan wrote a letter to me that Sayyiduna Mu‘awiyah (may Allah be pleased with him) had written to him that if a person’s property is stolen, then wherever he finds that property, he is more entitled to it. Then Marwan wrote the same thing to me. But I wrote to Marwan that regarding this, the Noble Prophet (peace and blessings be upon him) had decided: “If the buyer of the stolen property is not under suspicion or accusation, then the original owner is given two options: if he wishes, he may buy the property for its price, and if he wishes, he may pursue the thief.” Then Sayyiduna Abu Bakr, Sayyiduna ‘Umar, and Sayyiduna ‘Uthman (may Allah be pleased with them) also made the same decision. Marwan sent my letter to Sayyiduna Mu‘awiyah (may Allah be pleased with him), and in response, Sayyiduna Mu‘awiyah (may Allah be pleased with him) wrote to Marwan: Marwan! You and Usayd cannot decide over me; rather, in these matters, I will decide over you. (From now on) whatever order I give, implement it. Marwan sent this letter of Mu‘awiyah (may Allah be pleased with him) to me (Usayd), but I said: As long as I remain governor, I will not act upon Mu‘awiyah’s statement.