What is the ruling on selling usurped property (Ghasb) to the usurper versus selling it to a third party?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the property is usurped, it is valid to sell it to the person currently holding it because possession is concurrently established, resembling the sale of loaned property to the possessor. However, selling it to a third party is only valid if the owner is capable of retrieving it. If the owner believes they are incapable of retrieving it, the purchase is invalid because delivery cannot be guaranteed, resembling the sale of an absconding or lost slave.
Supporting text
If the owner believes they are capable of retrieving the usurped property, the sale is valid due to the possibility of possession. If the owner proves incapable of retrieval, they possess the choice between rescinding the contract or ratifying it, as the contract was valid based on the presumed ability to take possession, and incapacity to take possession justifies rescission.