What is the ruling regarding an item left as a replacement if the original owner knew of the substitution later?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the original owner becomes aware of the substitution, they should take back their original property and return the replacement, treating the replacement item as lost property (luqatah) in essence. If the replacement item remains unclaimed after the year of proclamation, the previous rulings apply. However, if the owner chooses to take the item back or if the judge sells it, the original owner is only entitled to compensation up to the value of their lost property. Any excess value is not due because the original owner never consented to an exchange for the excess amount.

Supporting text

If the judge sells the property, the person who initially took the property can purchase it using debt against their liability, settling the value equivalent to their lost property and giving the remainder in charity.