Buying animals from a cattle pound

Question

When animals remain for many days in a cattle pound (where the authorities keep impounded stray cattle) and the like, they are sold on behalf of the government. The question is: do those who buy such an animal become its owners according to the Shari‘a?

Answer

The government acquires ownership over this animal by seizure (istila’), so now the buyer is buying from the owner himself, and in buying from the owner there is no difficulty in ownership being established: [ar]وَإِنْ غَلَبُوا (أَيْ أَهْلُ الْحَرْبِ) عَلَى أَمْوَالِنَا وَأَحْرَزُوهَا بِدَارِهِمْ مَلَكُوهَا[/ar] “And if they (i.e. the people of dar al-harb)

Source: Fatawa Mahmudiyya

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