What is the legal status of the actions (*tasarrufat*) performed by an unlawful possessor (*Ghasib*)?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
There are two primary established legal narrations concerning the actions of an unlawful possessor. The first narration dictates the absolute nullity (*butlan*) of these actions. The second narration holds that these actions are valid (*sahih*) contingent upon the owner's ratification (*ijazah*). Abu Al-Khattab mentioned a third narration concerning the consequential actions (*al-tasarrufat al-hukmiyyah*) of the possessor, stating they are considered valid. This validity extends equally to acts of worship (*Ibadat*), such as purification, prayer, Zakat, and Hajj, as well as to contracts (*Uqud*) such as sale, rent (Ijarah), and marriage (Nikah).
Supporting text
The opinion validating the possessor's contracts must be restricted to those aspects which the true owner has not chosen to nullify. Regarding matters the owner has explicitly chosen to invalidate and taken back the subject matter, there is no known dispute, and the ruling is invalidity. The justification for validating actions that the owner has not yet addressed is that the possessor's occupancy is often lengthy and their transactions numerous, meaning invalidating them all would cause significant harm, potentially reverting damage to the owner. Validation ensures that any profit or increase in value accrues to the owner, whereas invalidation prevents this benefit from reaching the rightful owner.