Guarantee of clear title (khalas) in a sale

Al-Sha'bi said: Khalas is nothing. Whoever sells an item and someone with a rightful claim to it then appears, it belongs to its owner, and from the seller only the price he received is taken; nothing more may be demanded.

Shurayh said: Only a fool stipulates khalas. Either hand over the item as you sold it, or give back the price as you took it.

In the view of Ata as well, khalas has no legal standing.

Al-Hasan said: Sayyiduna Ali (may Allah be pleased with him) used to imprison people over khalas.

Al-Hakam said: A man left a slave girl for his wife and his son. His wife and son sold the slave girl, the buyer had intercourse with her, and she also bore him a child. After that the owner of the slave girl came and sought to take her. The case was brought before Sayyiduna Ali (may Allah be pleased with him), and Sayyiduna Ali (may Allah be pleased with him) said to him: Your wife and your son sold your slave girl, and the buyer has had a child by her; let the sale stand. He said: I adjure you by Allah to judge according to the Book of Allah. Sayyiduna Ali (may Allah be pleased with him) said to that man: Take your slave girl and her child. Then he said to the other man: Take khalas from the woman and her son. When khalas was taken from them, the other man surrendered the sale. * From hadith number 20647 it appears that khalas means the following: if someone sells an item and the buyer begins to use it, and then a rightful claimant to that item appears, the original price of the item is taken from the seller, and an additional compensation is also collected in order to end the dispute.

Ibn Sirin said: The judges used to rule that when someone sells a thing that is not his, it belongs to its owner when he claims it, and the seller is made to give its equivalent.

Ayyub said: A woman sold her husband's house while he was away. When he returned, he refused to let the sale stand. The case was brought to the court of Iyas bin Mu'awiyah, and the buyer began to say: May Allah set you right, I have spent 2,000 dirhams on it. He said: Your 2,000 are owed by me, your 2,000 are owed by me. Iyas gave judgment on the house in favour of the man and ordered the woman to be put in prison. When he saw this, he allowed the sale.

Muhammad (Ibn Sirin) considered khalas a binding condition and was strict about it.

In the view of al-Hasan, khalas had no legal standing.