What is the status of property a captured person had purchased from the spoils if the enemy recaptures it from the purchaser in Dar al-Harb?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If an enemy recaptures items sold from the spoils after division in Dar al-Harb, and the first seller sold it before division, the loss falls on the buyer if the loss was due to the buyer's negligence. If there was no negligence, there are two narrations. The stronger narration, preferred by Al-Khallal and Abu Bakr (Imam Ahmad's companion), aligns with Al-Shafi'i's school: the loss is on the buyer, and he owes the price, because the item was permitted possession, and its growth belongs to the buyer, supporting the principle, 'The yield belongs to the guarantor.'
Supporting text
The opposing view is that the sale is annulled, and the loss falls on the owners of the spoils (the original recipients of the share), and the price, if paid, must be returned to the buyer because the transfer of possession was incomplete as the property was unsecured in Dar al-Harb.