What happens when the possessor admits the property belongs to a third party who is absent or legally incapacitated?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the possessor admits the property belongs to a third party, the dispute shifts to that third party, making them the equivalent of the possessor because the admission originates from the party holding possession (judicially speaking). If the defendant admits ownership to an unknown person, they are told this is not a valid response; they must name an identified person or be treated as having defaulted on the oath, leading to a judgment against them. If the defendant admits ownership to an absent person or an incapacitated person (like a minor or lunatic), the lawsuit proceeds against the absent or incapacitated person.
Supporting text
If the claimant lacks evidence in the case of an absent owner, judgment is not passed in the claimant's favor because the present possessor denies ownership, and judgment cannot be passed against the absent party solely based on the claim. The matter is suspended until the absent person appears or the incapacitated person reaches maturity. If the claimant demands an oath from the defendant, the defendant swears. If the defendant admits ownership to the claimant, the property is not delivered because the defendant acknowledged it belongs to someone else; the defendant is liable for the value lost to the claimant due to this admission. If the claimant possesses supporting evidence, the judge hears it and rules accordingly, with the absent party retaining the right to challenge the claimant's evidence or present proof of ownership transfer from the claimant upon their appearance.