If spoils are divided in the land of war, who bears the loss if the enemy captures an item from a buyer who subsequently bought it from another recipient?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 11 · Bab 1

Open in Qurani

Primary text

When spoils are divided in the land of war, a recipient may dispose of his share by selling it. If one recipient sells an item to another, and the enemy captures it from the buyer, the guarantee of loss follows the previous ruling (concerning the seller/owner). If the ruling is that the seller is responsible (i.e., the first seller), then the second buyer reverts to the first seller for what he had to compensate him.