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Swapping shoes taken mistakenly

Nasihah (Advice): Sayyiduna Abdullah bin Mas’ood (Radiallahu Anhu) used to say, “Seeking a lawful livelihood is an obligation from amongst the obligations of Islam” (as-Sunan al-Kubra by Bayhaqi, Hadith #: 11695)
Question and Answer:
Q. I went to the Musjid and someone took my shoes and left their shoes instead. My shoes are very similar so it its likely that the person had mistaken my shoes for his. Can I use these shoes?
 (Query published as received)
A. You should first endeavor to locate the person who mistakenly took your shoes even it is means having it announced on the Musjid board or by other means that may result in locating the owner. If you fail to locate the owner after exhausting all efforts, you may keep the shoes and give the market value of the shoes in charity or you may give away the shoes in charity. (Ahsanul Fatawa).
You will be rewarded for your charity and this will be considered as spending wealth in the path of Allah.
And Allah Knows Best
Mufti Suhail Tarmahomed

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians

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