as salam as an English saying one mans trash is another mans treasure upon that one brother picked up an electrical item from outside of someone else house to take home for use. but when he took it home he tested the item but it seemed to be not working. so now he went to throw out the item but instead of leaving out in his front garden he went and left it where he got it from is this right or should he of have left it out in his front yard and also what is the ruling to picking up trash and other electrical items and clothing from oustide of other peoples houses for your own use? jzk
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.
In principle, if one is certain that an item has been disposed and the owner does not want it, then it will be permissible to take that item[1].
In the enquired situation, once the person picked up the discarded item and took it, it became his property. It is incorrect to now leave it in someone else’s yard, even if that person was the original owner.
And Allaah Ta’aala Knows Best.
Muajul I. Chowdhury
Student, Darul Iftaa
Astoria, New York, USA
Checked and Approved by,
Mufti Ebrahim Desai.
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[1] عقود رسم المفتي
والعرف في الشرع له اعتبار *** لذا عليه الحكم قد يدار
نشر العرف في بناء بعض الأحكام على العرف (ص 143)
قرائن الأحوال العرفية: ويقرب من ذلك مسائل………..والتقاط ما ينبذ في الطريق