What is the ruling regarding selling mortgaged property (*Ruhun*) when the owner cannot be identified after a long time?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person possesses mortgaged property upon which a long period has passed such that the owner is unknown, the possessor sells the property and gives the price away in charity. If the owner appears later, the possessor must compensate the owner for the value (ghurrimuha). This ruling applies when the possessor has already recovered the debt for which the property was mortgaged.