The Buyer paid the Price but he did not take the Merchandise
Question :
A man sold a camel to a Hajj pilgrim on the 8th day (of cash based upon an agreement that he would receive the camel on the 10th day in Mina. However, the buyer did not come to get the camel on the promised date. After the end of the Hajj season, the buyer was still not present and the seller did not know his address. He simply sold the owner of the camel his camel and was free of it, and he received the price of it. So, what should he do with the money? Should he give it away in charity with intentions for him (the first buyer) or should he buy another camel in its place? This is while knowing that he (the first buyer) did not authorize it to be slaughtered or used for any dealing.
Answer:
If the seller knows the name of the camel's owner, it is better for him to submit its price to the court in Makkah and inform them of the person's full name. Maybe he will be known and given his right. If he does not know the person, it is better for him to give the money in charity to the poor or use it in constructing Masjids with the intention being for the camel's owner. With this he frees himself of its responsibility and the owner of the camel is benefitted by that. If he submits the money to the court, he is also free of any responsibility, if Allâh wills.
Source:
Ash-Shaykh Ibn Baz
Fatawa Islamiyah, Vol. 4 Page 387
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