The World Federation One Stop Fiqh

Ruling 2598

If a person takes someone else’s shoes and replaces them with another pair, then in the event that the person whose shoes were taken knows that the shoes that are left with him belong to the person who took his shoes, and he consents to take those shoes in lieu of his own shoes that were taken, he can take those shoes in lieu of his own. The same applies if he knows that his shoes were unrightfully and unjustly taken. However, in this case, the value of the shoes he takes must not be more than the value of his own shoes. If it is, the law (ḥukm) of an item whose owner is unknown (majhūl al‐mālik) applies to the extra amount. In cases other than these two, the law of items whose owner is unknown applies to the shoes.