to someone else, and then to yet another person. He knows that these people have not wronged him; rather, the one who wronged him is the person who transgressed against him. But if he knew who they were, would he be entitled to claim compensation from them for property for which they had assumed no liability? Scholars hold two views, the sounder being that he would not.
For example, if the wrongdoer deposits the owner’s property with someone who does not know that he has seized it unlawfully, and the deposited property is lost, may the owner claim compensation from the person entrusted with it? There are two views, the sounder being that he may not.
Likewise, if he serves it as food to a guest who knows nothing of the wrongdoing, and the owner subsequently finds out, may he claim compensation from the guest? There are two views. “One view” is that he may not.
Those who say that he may claim compensation do not say that eating it was unlawful. Rather, they say that the guest incurs no sin by eating it, but must pay its price, just as if he had purchased it.
Those who hold the correct view say that the guest incurs neither sin by eating it nor any liability whatsoever to compensate its owner. Rather, liability rests with the wrongdoer who seized it from him without right.
Thus, if we consider particular property in someone’s possession, without knowing that it was seized unlawfully or acquired through a form of possession that confers no ownership, and we receive it from him, accept it as a gift, or take it as wages or repayment of a loan, there is unanimous agreement that we incur no sin—even if, in reality, he had marketed it or seized it unlawfully. If we subsequently learn that it was stolen, then, according to the sounder of the two views, we owe only what we undertook by contract. That is, our ultimate liability extends only to what we undertook by contract. We therefore bear no ultimate liability for anything he gave us as a present or gift, nor for anything beyond the purchase price. The same applies to wages