What is the recourse of liability when the finder delivers the lost property to the wrong claimant who was only the describer?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If the finder is held liable (damages paid), he may seek recourse against the initial describer, as the describer caused the finder's liability. However, if the finder had previously acknowledged the describer as the rightful owner, the finder cannot seek recourse against the describer because he admitted the describer's right and the subsequent claimant wronged the finder by claiming the damages.
Supporting text
If the property perished while in the finder's possession and he was held liable, he can only seek recourse against the describer for the amount guaranteed, and the owner of the lost property cannot claim against the describer because what the describer received was in the capacity of the finder's property, not the owner's property, unlike when the actual item is delivered.