Is a claim of purchase or gift sufficient proof for ownership of a house currently possessed by another party?

Primary text

Testimony asserting that the claimant purchased a house from a third party (Khaled) with a named price paid, or that the third party gifted it, is not accepted on its own. The testimony must also establish that Khaled sold or gifted the house to the claimant while Khaled possessed it, or that the claimant purchased or was gifted the house and received possession (*taslim*). Testimony is insufficient with just the declaration of purchase or gift because a person may sell or gift what they do not own. Acceptance occurs when the testimony is augmented by proving the seller's ownership, proving the claimant's ownership, or proving delivery. This indicates prior possession or ownership for the claimant or the seller, suggesting ownership because possession (*yad*) implies ownership. This is the position held by Al-Shafi'i. Such testimony concerning past ownership is accepted when cited alongside the cause (sale/gift) because the appearance suggests continuity, unlike testimony where the cause is omitted.