His statement, “if its owner is unknown,” means: the owner of the usurped property—that is, its rightful possessor. Does this apply to every item whose owner is unknown?

The answer is yes. For example, if someone leaves an item with a person in safekeeping, then the custodian forgets who left it with him, we say: if you have forgotten and have lost hope of identifying him, give it in charity while remaining liable for it. Likewise, if a tailor is given a garment by someone to sew, and the man leaves and all hope of finding him is lost, what should the tailor do with that garment? He should give it in charity while remaining liable for it. Or, if he considers that selling it serves the greater interest—for instance, if it is a large, loose garment that no one will buy—he may sell it and buy two garments, for example. He may do so.

Thus, the principle is: whoever holds property whose owner is unknown and has lost hope of finding him may give it in charity, on condition that he remains liable for it.

There is another issue resembling this in certain respects: fines imposed upon violators in connection with certain goods when they bring them in and the goods are confiscated from them. Is it permissible to buy such goods from the responsible authorities or not? The answer is yes, it is permissible to buy them, because they have now passed out of their owners’ possession by virtue of the penalty. Financial penalties are permissible in the Shariah, and there are cases of this having occurred during the time of the Prophet ﷺ (1). Thus, a person may buy them, they become his property, and there is no harm in doing so,