What is the origin of right of ownership and its legal criterion?
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Question:
Regarding the transfer of ownership: What is its criterion from a legal perspective?
Answer:
Its origin is captivity, followed by subsequent reproduction, inheritance, and buying and selling. However, its origin is captivity from disbelievers. In jihad in the path of Allah, children, women, and captives taken by Muslims may be enslaved or freed. Women and children become slaves, and then people trade them and inherit them from one another. This is the origin.
Q: In some countries, there are slaves inherited from elders to elders. Is it possible for a person to buy one and free him?
The Shaykh: There is no harm. If witnesses testify that he is a slave, there is no harm.
Regarding the transfer of ownership: What is its criterion from a legal perspective?
Answer:
Its origin is captivity, followed by subsequent reproduction, inheritance, and buying and selling. However, its origin is captivity from disbelievers. In jihad in the path of Allah, children, women, and captives taken by Muslims may be enslaved or freed. Women and children become slaves, and then people trade them and inherit them from one another. This is the origin.
Q: In some countries, there are slaves inherited from elders to elders. Is it possible for a person to buy one and free him?
The Shaykh: There is no harm. If witnesses testify that he is a slave, there is no harm.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.