The legal consequence when an admission of usurpation (Ghasb) is partially retracted.
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If a person declares, 'I usurped this house from Zayd; no, I usurped it from 'Amr,' the house is ruled to belong to Zayd, and the declarant must surrender it to Zayd. Furthermore, the declarant must compensate 'Amr for its value. This aligns with Abu Hanifa's position and the apparent view of Al-Shafi'i's school. The justification is that the declarant admitted to the usurpation which necessitates both guarantee and restitution to the dispossessed party. Since the declarant did not return what he admitted to usurping, he is liable for its guarantee, similar to cases where the object perishes by the act of God.
Supporting text
The opposing view holds that no guarantee is due, based on the preceding reasoning concerning retracted claims.