44/96. Chapter:

Sunan an-Nasai 4679 — Goods Found With an Innocent Buyer

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

Property Rights Hadith: Goods Found With an Innocent Buyer

Sunan an-NasaiHadith Number 4679

أَخْبَرَنِي هَارُونُ بْنُ عَبْدِ اللَّهِ، قَالَ حَدَّثَنَا حَمَّادُ بْنُ مَسْعَدَةَ، عَنِ ابْنِ جُرَيْجٍ، عَنْ عِكْرِمَةَ بْنِ خَالِدٍ، قَالَ حَدَّثَنِي أُسَيْدُ بْنُ حُضَيْرِ بْنِ سِمَاكٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَضَى أَنَّهُ إِذَا وَجَدَهَا فِي يَدِ الرَّجُلِ غَيْرِ الْمُتَّهَمِ فَإِنْ شَاءَ أَخَذَهَا بِمَا اشْتَرَاهَا وَإِنْ شَاءَ اتَّبَعَ سَارِقَهُ وَقَضَى بِذَلِكَ أَبُو بَكْرٍ وَعُمَرُ ‏.‏

Usaid bin Hudair bin Simak Narrated from:

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.

Reference : Sunan an-Nasa'i 4679In-book reference : Book 44, Hadith 231English translation : Vol. 5, Book 44, Hadith 4683

Summary of Sunan an-Nasai Hadith 4679

This narration deals with a property dispute where goods are found with a person who is not accused. 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, he had a choice. He could give the man what he had paid for it, or he could go after the one who had stolen it. The report also says Abu Bakr and Umar gave similar judgments. For people searching for stolen goods hadith, property rights in Islam, or innocent buyer hadith, this report gives a balanced ruling in the wording provided. It protects the original owner’s concern while also recognizing that the current holder may not be guilty.

What we learn from this hadith

  • The Hadith discusses goods found with a person who was not accused.
  • The owner could pay what the person had paid and take the goods.
  • The owner could instead pursue the thief.
  • The report notes that Abu Bakr and Umar judged similarly.

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