What is the legal status of the usurper's sale of a usurped slave girl?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 13 · Bab 1

Open in Qurani

Primary text

The usurper's sale of the slave girl is void (Fāsid) because he is selling another person's property without permission. The ruling concerning the purchaser's sexual intercourse is the same as the usurper's, except that if the purchaser claims ignorance, it is accepted from him, unlike the usurper. The slave girl must be returned to her owner, and the owner may demand the return from either the usurper or the purchaser because both took the property unlawfully.

Supporting text

There is another narration suggesting the sale is valid pending the owner's ratification, and a third narration stating the sale is valid and executed because the duration of the usurpation may be long, and voiding the transaction would cause harm to both the owner and the buyer.