What is the ruling when a person declares, 'I unjustly took this house from Zayd, and it belongs to 'Amr'?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 1 · Bab 1

Open in Qurani

Primary text

The declaration mandates restitution of the house to Zayd because of the admission that it was in Zayd's possession, which implies Zayd held it rightfully. The subsequent declaration of ownership by 'Amr does not contradict this, as Zayd could possess the house via a lease (ijara), loan for use ('ariyya), or bequest (wasiyya). No compensation is due to 'Amr because no negligence ('tafrit) occurred on the part of the declarant regarding 'Amr's ownership.

Supporting text

This situation differs from the case where one says, 'This house belongs to Zayd, rather it belongs to 'Amr,' because the second statement invalidates the first due to contradiction. In the primary case, there is no contradiction between the two admissions.