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Repair shop mistakenly selling the repaired item

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: Can mufti saab shed light on whether this transaction is Islamically correct: A person takes a watch to the repair shop. The watch is inadvertently (unintentionally, accidentally) sold by the repair shop. The person who purchases the watch is a BFP4V (bona fide purchaser for value) and is entitled to keep the watch. The original owner of the watch is only entitled to receive the cash value of the watch from the repair shop. The BFP4V has better rights to the watch than the original owner.

Bismillaah

A: The right procedure is that the repair shop should get the watch back and return it to its rightful owner.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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