QUESTION:
Vendors/hawkers sell second-hand wheel caps, which are presumably obtained from the roadside where it has fallen off from cars (the owners do not know that it fell off while driving), or perhaps from people (very often drug-users or petty theft criminals) who have stolen it off parked cars, or via other means. Can we purchase from these vendors – while knowing that there is a possibility that they are obtaining it from illegal sources?
ANSWER:
If the wheel caps have fallen of a vehicle, then the lost item falls in the category of ‘Luqta’ in Shariah. The owner should be located, and the wheel caps returned to him. If the owner cannot be located, it should be given to a poor person that is eligible to receive Zakaat. He may then keep it for himself, sell it, gift it, etc.
However, most vehicles secure wheel caps with cable ties thus it is unlikely that they would just fall off the vehicle. If there is a strong possibility that the wheel caps were stolen, then one should refrain from purchasing them.
الْعَاشِرَةُ: قَالَ فِي الْقُنْيَةِ
مِنْ الْكَرَاهَةِ: غَلَبَ عَلَى ظَنِّهِ أَنَّ أَكْثَرَ بُيُوعَاتِ أَهْلِ السُّوقِ لَا تَخْلُو عَنْ الْفَسَادِ فَإِنْ كَانَ الْغَالِبُ هُوَ الْحَرَامَ تَنَزَّهَ عَنْ شِرَائِهِ، وَلَكِنْ مَعَ هَذَا لَوْ اشْتَرَاهُ يَطِيبُ لَهُ، (انْتَهَى) . (الاشباه والنظائر ص309)
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Abdul Kader Fazlani
Date: 02 Safar 1446 / 07 August 2024
CHECKED AND APPROVED BY:
Mufti Mohammed Desai Saheb
