What is the ruling when a Muslim buys their own property, previously taken by enemies, from a third party who acquired it?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If a man purchases the property from the enemy who seized it, the original owner may only reclaim it by reimbursing the purchase price paid. This is supported by the ruling of 'Umar ibn Al-Khattab, who, upon receiving a report that merchants bought Muslim captives and property after a raid, instructed that any free person purchased by merchants must be returned upon reimbursement of their principal cost, because a free person cannot be sold or bought. If the Imam knows of a Muslim's property before it is divided and proceeds with the division anyway, the division involving that property is void, and the owner has the right to reclaim it without payment.
Supporting text
The view of the Judge suggests that property obtained through gift, theft, or purchase follows the same ruling as property found after division, meaning the owner may reclaim it by paying its value, though the preceding ruling is preferred.