or buy one another, or someone abducts them and sells them or gives them to Muslims, the Muslims acquire ownership of them, just as they do when they acquire them by force.
He was asked:
A man purchased a slave who served him for several years. Then, when his master intended to sell him, he claimed that he was free, although he had acknowledged being a slave at the time of purchase. Must his purchase price be recovered from the person who sold him? And is he to be set free from his master?
He answered:
If it is established that he was free, he must be held financially liable to the man who sold him and for the deception he practised, since he had acknowledged to him that he was a slave. The purchaser may demand repayment of the price from the person who received it from him, and he may also demand it from this recipient who deceived him.
He—may Allah have mercy on him—was asked:
Is the sale of walnuts, almonds, hazelnuts, pistachios, broad beans and chickpeas still in their shells or pods valid according to the school of al-Shāfi‘ī? According to his school, are buying and selling valid without verbally expressing the contractual agreement? And is the sale of turnips, walnuts and taro valid while they remain hidden underground, or not?