The second is that they are prohibited on account of the right of another person. For example, a man has a stolen garment and a garment that belongs to him, but he cannot distinguish the stolen one from his own. He should pray a number of prayers equal to the number of stolen garments, and add one further prayer.

If it is said: How can he pray in the stolen garment when it belongs to someone else? Would he not be benefiting from another person’s property without his permission?

The answer is that using another person’s property here is out of necessity. He is liable to that person for any diminution in the garment’s value, as well as for its rental value; thus, he has not disregarded the other person’s right.

The correct view is that he should exercise his judgment and pray in the garment that he thinks most likely to be the permissible one, and there is no blame upon him, for Allah does not burden any soul beyond its capacity.

If we assume that he is unable to exercise such judgment because there is no indication by which to distinguish them, then he may pray in whichever one he chooses, because in this case he is compelled to pray in the prohibited garment, and he does not have to repeat the prayer.

There is, however, a difference of opinion regarding the validity of prayer in a prohibited garment; the correct ruling will be examined, Allah willing, later on (1).