What is the ruling when a third party acknowledges the claimant's right and promises to recover a specific object from the defendant, and the object is tangible property?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If the claimed item is tangible property (*ayn*), and the third party states to the claimant, 'I know you are truthful, so settle with me regarding it, for I am capable of retrieving it from the denier,' the settlement is valid according to our companions and represents the view of Al-Shafi'i. This is because the third party is purchasing their own property, which they are capable of delivering. If the third party succeeds in obtaining the property, the settlement is confirmed. If they fail, the claimant has the option to rescind the contract (*faskh*) because the object of the contract was not delivered, allowing the claimant to revert to the exchange value.
Supporting text
It is suggested that if it becomes apparent that the third party is incapable of delivery, the settlement is deemed void from its inception because the prerequisite condition—the ability to take possession—was absent at the time of the contract, similar to purchasing a slave who turns out to be a runaway or deceased.