his disposal of another person’s property remains subject to that person’s approval whenever his permission can be sought. As for an unidentified owner, such dealings do not require his permission; rather, transactions undertaken on his behalf take effect when they serve his interests. Even if he is subsequently identified, he cannot rescind transactions made for consideration; he may only revoke gratuitous dispositions, as in the case of the owner of lost property.

Experience shows that the owners of property such as that mentioned in the question have no particular interest in retaining any specific item. None of them objects to his goods being sold for a higher price; indeed, they would approve the purchaser’s resale. It is the seller, however, who has wronged them. Here, because the owner is unknown, it is permissible to conclude the contract and take possession. This differs from the case in which the owner is known, when, by scholarly consensus, his permission must be obtained before taking possession.

This is comparable to lost property whose owner is unknown. The Prophet, may Allah bless him and grant him peace, said:

“It is Allah’s property, which He grants to whomever He wills.”

According to the majority of scholars, if the finder gives it in charity, that donation is subject to the owner’s approval should he be identified. Before the owner is identified, however, the donation takes effect without awaiting approval. Yet the finder who sells the property is not a wrongdoer, whereas the seller in the present case is. The purchaser, however, is not a wrongdoer. The property cannot be destroyed, and it remains in the wrongful seller’s possession. Thus, taking the purchase money for himself, including the additional amount, is unlawful with respect to the unidentified owner. Islamic law therefore gives effect to the transfer of ownership in the interests of both the purchaser and the unidentified, wronged owner, even if the seller is a wrongdoer. This is comparable to supposing that an endowment administrator, an orphan’s testamentary guardian, the manager of a profit-sharing investment, and a partner