Radd (return and restitution): of goods to their owner, of a contract, of a witness, and of an oath

الرد

Radd in the lexicon is turning back, refusal and sending back; in law it means returning a thing to its owner or rightful holder, and in several cases the annulment of a contract. ¹ The property of another must be returned at once when taken unlawfully; in non-binding contracts a return is by annulment, and a void contract is undone, while the Hanafis annul a defective one. ^{1 2} A return is lost by correcting the contract, by renewing it, or by the loss of an option; the jurists differ on correcting a defective contract. ^{3 4} The Hanafis distinguish a return by judgment from a return by agreement, while the majority do not. ⁴ The property of a ward is returned at maturity and sound judgment. ^{4 5} A witness's testimony is set aside on suspicion. ⁵ When the defendant refuses the oath, the jurists differ on whether the judge decides against him or refers the oath to the claimant. ^{5 6} For goods taken unlawfully the return is compulsory; if they are lost, the like or the value is due. The Hanafis hold a thief who has been punished owes no damages. ^{5 6} The cost of return falls on the one who must return. ^{6 7}