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.
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.
References (Arabic / Urdu sources)
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)
- Answered by
- Mufti Mohammed Desai
Fatawa SA is an independent, read-only index of fatawa already published by Darul Ifta Ibn Masood. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.