Who is liable if the sold slave perishes in the buyer's possession before the price is weighed, and it is subsequently discovered that the slave was rightfully claimed by another party (usurpation)?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 6 · Bab 1

Open in Qurani

Primary text

The owner whose property was usurped may hold either the usurper, the trustee, or the mortgagee liable for the value. However, the ultimate liability rests with the buyer because the destruction occurred while the item was in his possession. This applies if the usurpation was known. If the buyer was unaware of the usurpation, there are two narrations regarding whether the liability rests ultimately with the buyer or the original usurper.