What are the implications if a creditor takes property against the ruling that generally forbids it?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the creditor takes property against the established rule, he must return it if it still exists. If it was destroyed, he must return its equivalent if it is fungible, or its appraised value if it is specific. If the taken item was of the same kind as his debt, they offset each other according to the established principle of the Madhhab. If it was of a different kind, he is liable for compensation.
Supporting text
Among those companions who permitted the taking, some stated that if an item of the same kind as the debt is found, the creditor may take only the exact amount owed, and he cannot take something of a different kind if an item of the same kind is available. If only an item of a different kind is available, it is suggested that taking it might not be permissible because it would involve selling something to himself, raising suspicion, unlike the case where a mortgaged item used for maintenance is ridden or milked, which is an allowance for usage of a different kind.