What is the ruling on a sale or gift of a slave made before the seller/donor legally acquired ownership, when they subsequently acquire ownership through inheritance or gift?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If a person sells or gifts a slave, and subsequently claims that the transaction occurred before they legally owned the property, but they have now acquired ownership through inheritance or a gift from the true owner, the initial sale or gift becomes void, and the property must be returned to the current owner. This ruling applies because the prior sale and gift are invalid.
Supporting text
If the claimant attempts to substantiate the prior transaction by presenting evidence (a witness), that evidence is rejected if the claimant had previously made a statement at the time of the sale or gift implying current ownership, such as stating, 'This is my property,' or 'I sold you my property,' or if the statement contained an implicit acknowledgment of ownership, such as, 'I received the price for my property.' Such prior affirmations contradict the evidence, leading to its rejection. However, if no such self-contradictory statement was made, the testimony is accepted, as a person may validly sell or gift property that is not theirs.