What is the recourse if a usurped item is gifted to a person unaware of the usurpation?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the recipient was unaware that the item was usurped, the owner of the item has the option to hold either the original usurper (the giver) or the recipient liable. If the recipient pays for the item's value, they have the right to seek reimbursement from the original usurper for the value of the item and its components because the usurper deceived them.

Supporting text

Abu Hanifa held that whichever party pays the compensation, they have no right to seek recourse against the other party.