Is a sale contract valid if the currency delivered (*thaman*) is established to belong to another party (*mustahaqqa*) and the price (*thaman*) was specific (*mu'ayyan*)?

Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 6

Open in Qurani

Primary text

The contract is invalid if the currency delivered is established as belonging to another party (*mustahaqqa*) and the price specified was specific (*mu'ayyan*). Imam Ahmad stated that if the delivered currency is stolen, no sale has taken place because the purchaser acquired a specific item using another person's property without their permission. If the currency was not specific, the owner has the right to demand its equivalent in the same session.