Who does the original owner demand compensation and rent from if the usurper sells the usurped property and the buyer acts upon it?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 7 · Bab 1

Open in Qurani

Primary text

If the usurper sells the property and the buyer builds upon it or demolishes and then rebuilds it, the ruling does not change. However, the original owner may demand restitution from whomever he chooses between the usurper and the buyer, and seek recourse against that party. If the owner seeks recourse against the usurper, the usurper then seeks recourse against the buyer for the value of any destroyed physical items, because the buyer assumed responsibility for compensation upon entering the contract, establishing his liability. If the owner seeks recourse against the buyer, the buyer seeks recourse against the usurper for the reduction in value of the damaged property, not its full value.

Supporting text

There are two narrations (riwayatan) concerning whether each party may seek the rent from the other. The owner is only entitled to demand the rent for the period the property remained in the buyer's possession, as the buyer's possession (yad) was established only at that time.