Under what condition does the replacement item become definitively permissible for the taker?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If the substitution occurred because the taker mistakenly believed the replacement item was their own—for example, if the replacement was of similar or superior quality and easily confused with their original property—then the replacement must be publicly proclaimed for one year. This is because the owner did not intentionally abandon the item; it is treated as property lost by the owner.
Supporting text
The opinion favoring immediate acceptance (the second view mentioned earlier) is considered closer to leniency (rifq) as it benefits the wronged party by providing compensation, alleviates the thief's sin, and preserves the item from loss. This is analogous to scholars permitting someone with a debt claim to seize equivalent property when unable to collect otherwise, especially when the debtor implicitly agrees to the seizure.