and the like are lawful by default, even when they alter a person’s ownership rights.

The reason is that, in the case of legal effects arising from our actions—such as ownership established through sale and the right to marital intimacy established through marriage—we ourselves bring about the causes of those effects. The Lawgiver establishes the legal effect because we have brought about its cause; He does not establish it independently, as He does when directly prescribing obligations and prohibitions.

If it is we who bring that legal effect into being, and the Lawgiver has not forbidden us to undo it, then undoing it is not forbidden to us. When someone purchases an item, the Lawgiver makes it lawful for him and forbidden to others because he has established the cause of that status, namely, ownership acquired through sale. So long as the Lawgiver has not forbidden him to undo this, he may undo what he has established in whatever manner he wishes, provided that the Lawgiver has not forbidden it.

Likewise, if someone gives a man property, the default is that the recipient is not forbidden to dispose of it, even if doing so extinguishes the ownership established by the giver, unless something precludes this. This is the crucial point that makes the basis of the issue clear: particular rulings—such as this property being lawful for Zayd and forbidden to ʿAmr—have not been legislated by the Lawgiver individually. Rather, He has legislated them through general rulings, such as His words:

“Allah has permitted trade and forbidden usury.”

And His words:

“All women beyond these are lawful to you, provided that you seek them in marriage with your wealth.”

And His words:

“Then marry women of your choice, two, three, or four.”

This general ruling remains in force whether or not this particular sale takes place. When a particular sale takes place, it establishes a particular ownership. The cause of this particular ownership is