What is the consequence if property exchanged in a settlement (Sulh) is later found to be rightfully owned by another or if a slave received is found to be free?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a settlement involves an exchange for property (such as a house or a slave), and the received consideration is subsequently proven to belong to another or is found to be a free person, the original owner reverts to claiming the property or its equivalent value if the property has perished. This is because the settlement in this context is fundamentally a sale. When the consideration proves invalid (due to being someone else's property or being a free person), the sale is void, thus allowing the return of what was given. This differs from a settlement concerning retaliation (Qisas), which is not a sale but rather compensation for waiving the right to retaliation.