What is the ruling regarding a usurper (ghasib) who damages the usurped property?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the usurper causes damage that diminishes the value of the item, such as cutting cloth, the item must be returned, and compensation for the damage is obligatory. The cutting itself is also obligatory. This position is held by proponents who follow the view that the owner retains the right to demand the original item or compensation for damage.
Supporting text
Abu Hanifa holds that if the damage is such that the owner could not claim it if the usurper had done it, the item is returned without liability for damages. If the damage compromises the owner's rights, like cutting and sewing cloth, there is no liability, and the right of the original owner over the stolen item is forfeited. Abu Yusuf and Muhammad hold that the item must be returned, which is based on their principle that liability for damages (ghurm) is waived if the usurper causes a definitive alteration (like striking silver into dirhams).