What is the ruling on the contract and disposition if the contract is judged void due to a stipulation?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the contract is judged void, ownership does not transfer, irrespective of whether the exchange of goods or price occurred. The buyer's disposition of the item through sale, gift, manumission, or otherwise is not effective. This is the position of Al-Shafi'i. This is because the item is received through a void contract, thus ownership does not pass, similar to receiving something for a price of carrion or blood.
Supporting text
Abu Hanifa maintained that ownership is established upon taking possession if the exchange has taken place. The buyer is considered the possessor through a contract that grants permission for transfer, and thus ownership is established, similar to a valid contract. The evidence from Barirah's tradition is understood by his proponents to indicate the validity of the sale despite the void condition concerning the mastership.