What is the ruling on the sale or gift of property subject to a prior liability or claim (Janaayah)?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

The sale or gift of property subject to a prior claim is valid, based on the established rulings concerning sales. The liability for the claim does not transfer away from the original party responsible. If the buyer was aware of the existing claim, they have no option to rescind the transaction, as they entered into it with full knowledge. The right of option regarding compensation (fidaa) and delivery transfers to the buyer, mirroring the status of the original owner. If the buyer was unaware of the claim, they possess the option to either keep the item or return it, similar to cases involving other defects.