Purchasing a stolen vehicle

Question:-

I purchased a vehicle from a certain person (Zaid). After taking possession of the vehicle we found out that the car was stolen so I returned the car to Zaid. However, he did not refund my money. I took a second car from him. This car was not bought from him but rather taken with the intention of selling it and recovering the capital lost in the purchase of the first vehicle. We later found out that this car was also stolen.

My Question is:
1. Can I sell vehicle number 2?
2. Can I strip it for parts and sell the parts?
3. Would the ruling be the same if the vehicle number was not stolen?

Answer:- 

1 & 2. The second vehicle will have to be returned to the original owner so it will not be permissible for you to sell the vehicle, nor will it be permissible to strip the vehicle and sell the spares.

وَأما حكم اللّقطَة على الْخُصُوص فَمِنْهَا أَن من ظفر على لقطَة فالأخذ أولى

أما التّرْك فَقَالُوا إِن كَانَ يَأْمَن على نَفسه أَنه يعرفهَا ويردها على صَاحبهَا وَلَا محَالة أَو غَالِبا فالأخذ أولى لِأَنَّهُ رُبمَا يَأْخُذهُ فَاسق لَو تَركه (تحفة الفقهاء ص354 ج3)

3. The same ruling will be applicable if the vehicle was stolen even though the vehicle no. indicates that the vehicle is not stolen. There is an abundance of fraud prevalent in the various departments in our country, hence the vehicle should be returned to the owner if stolen.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 08 Rabi-ul-Awwal 1444 / 05 October 2022