Is a settlement (Sulh) valid if it involves relinquishing part of one's own property or the usufruct of it?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

A settlement where the claimant agrees to accept a portion of the claimed property, an additional structure (like a room) built upon it, or the right to reside in the property for a specific period (like one year) is invalid. This invalidity stems from settling one's ownership claim with a concession regarding one's own property or its usufruct. If the claimant allows occupation under such an invalid agreement, it is considered a voluntary gift (Tabarru'), and the owner may evict the occupant whenever desired. Similarly, if the owner gives the claimant part of his house as compensation based on this invalid settlement, the owner retains the right to reclaim it at will because the consideration given was for something invalid as compensation.