Is a subsequent valid contract valid if the subject matter was previously transferred via an invalid gift or sale, and the transferor knew of the initial invalidity?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person gives an invalid gift or makes an invalid sale, and subsequently gifts or validly sells that same object while being aware of the initial invalidity of the transaction, the second contract is valid. This validity is established because the individual is making a disposition of property they know to be their own.