Taking Someone’s Belongings by Mistake

Question

Three men came together by motor vehicle to their village. When the settlement came, there were only these three men and only three bags in the vehicle. Bakr climbed up to unload his luggage, and Zayd, thinking that we are only three men and there are three bags, therefore picked up this bag, and ‘Umar one bag. Since Zayd was standing below with his own bag and Bakr’s, when Bakr had finished with his luggage, Zayd handed him the bag, saying: “This bag.

Answer

When Zayd picked up another person’s bag by mistake, he became liable (damin) for it, [ar]لأنه أخذ مال غيره لغير إذنه وبغير إذن الشرع[/ar] “because he took another’s property without his permission and without the permission of the Shari‘a.

Source: Fatawa Mahmudiyya

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