Shoes mistakenly taken at the Qabrastaan

Question:-

I went to a Janaanzah and my shoes were taken by someone mistakenly. Their shoes were left behind. My shoes were not too expensive but the one left behind looks quite expensive. I waited for everyone to leave and that was the last pair of shoes left. I took it and wore it back home. What should I do with these pair of shoes?

Answer:-

The shoes should be returned to the owner. You should advertise (on the local community group or on the Masjid boards) that a pair of shoes were found at the Qabrastaan. If the owner is located, then the shoes should be returned to him. However, if you are unable to locate the owner, then the shoes should be given to a poor Muslim who is eligible for Zakaat.

If the owner appears after the shoes are given in charity, then he should be informed that the shoes were given in charity. He then has the choice of either approving of the charity or holding you liable for the shoe. If he holds you liable, then you will have to compensate him for the shoes. However, you cannot take the shoes back from the poor person and return it to the owner. Also, if you qualify as a recipient of Zakaat, then you may take the shoes.

N.B. If the shoes is valued at approximately R350.00 or more, then it should be advertised for a period of 12 months, but if it is valued at less than R350.00 then it should be advertised for a few days before disposing of the shoes.

فَإِنْ كَانَتْ أَقَلَّ مِنْ عَشَرَةِ دَرَاهِمَ عَرَّفَهَا أَيَّامًا، وَإِنْ كَانَتْ عَشَرَةً فَصَاعِدًا عَرَّفَهَا حَوْلًا كَامِلًا (الجوهرة النيرة ص356 ج1)

فان ضمن لم يرجع بها علي المسكين (مختصر القدوري ص541 – هامش 2 – الجوهرة النيرة)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 27 Muharram 1444 / 26 August 2022