The governing principle is that the usurper’s transactions are categorically unlawful in terms of the prescriptive ruling. In terms of validity and legal effect, however, they fall into two categories:
Whatever is subject to a ruling of validity or invalidity, the usurper’s transaction concerning it is invalid; whereas whatever is not subject to such a ruling, the usurper’s transaction is legally effective.
The apparent meaning of the author’s words is that the usurper’s legally consequential transactions are invalid, whether or not the owner ratifies them and whether or not the usurper or anyone else is harmed thereby.
The second view, contrary to the apparent meaning of the author’s words, is that if the owner ratifies the transaction, it is valid and legally effective. This is because the prohibition of such a transaction is due to the right of another person, not the right of Allah. Therefore, when he waives his right, it lapses and the impediment is removed. Thus, if the owner is told, “The usurper has sold your garment,” and he says, “I ratify it,” the sale is valid and the purchaser acquires ownership of the garment. But if he does not ratify it, the sale is not valid; the purchaser must return the garment and recover the price he paid for it, because the transaction is invalid.
The third view is that if the transactions are limited—for example, if the usurper sells it to someone, then the owner discovers this and claims it—the property belongs to the owner, and he takes it from the purchaser. But if the matter becomes difficult and impracticable—for example, if the usurper sells it to a man, who then sells it to another, and people continue passing this usurped property from one to another—then the transactions are valid, due to the hardship and difficulty that would result if we were to rule them invalid. Moreover, the usurped property may be a she-camel which the usurper seized and sold to someone; then the she-camel gives birth and her offspring become numerous. How, in the face of such immense difficulty and hardship, can we say that it is invalid?!