Taking a Similar Shoe When One's Own is Lost

Question

A person leaves the mosque and finds that their shoe has been replaced with another. Is it permissible for them to take that shoe? [AR_ID:5004]

Answer 1

Peace be upon you,

Ayatollah Khamenei (may Allah protect him):

In general, if a shoe is exchanged for another, and one knows that the shoe taken belongs to someone else, it is permissible to act upon it after searching for its owner and losing hope. However, if the found shoe is of better quality than the one taken, one should consider the difference and give a charity equivalent to that difference to the owner, with the permission of the religious authority, as a precaution after losing hope of finding the owner of the abandoned shoe. If the owner is found, the difference should be returned to them. If one does not know whether the abandoned shoe belongs to the person who took it or to someone else, they should treat it as an unknown owner, search for its owner, and after losing hope, give it as charity on behalf of the owner with the permission of the religious authority, as a precaution.

Source: Special Inquiry.

---

Ayatollah Sistani (may Allah protect him):

If a person's shoe is exchanged for someone else's, they may act upon it in any way that ensures the owner's satisfaction. If they know that the exchange was done unjustly, they may take their own shoe back in exchange for the other, provided that the value of the abandoned shoe does not exceed the value of the one taken. Otherwise, the excess is treated as belonging to an unknown owner and is subject to its rulings. This also applies if one initially knew of the mix-up but was negligent in returning it after realizing their mistake. In other cases—whether one is certain of the mix-up or merely suspects it—the abandoned shoe is treated as belonging to an unknown owner.

Source: Minhaj al-Salihin, Vol. 2, Issue 805.

May you be successful in all good.