What is the ruling if the third party purchases the item believing they cannot take possession, but later it becomes apparent that taking possession is possible?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If the purchase occurs while the third party believes they are incapable of taking possession, but it later becomes evident that possession is possible, the sale is valid because the sale encompassed what was capable of being seized, thus validating it, similar to a case where both parties knew of the possibility of delivery.
Supporting text
There is a scholarly view that it is not valid because the third party presumed the absence of a condition (the ability to deliver), which is analogous to selling a slave believing him to be free or someone else's property, only to find out he is one's own slave.