What is the liability of the buyer if they destroy the object whose usufruct was reserved for the seller?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the buyer destroys the object, they are liable for paying the equivalent of the usufruct (*ujrat al-mithl*) for depriving the rightful party of the benefit, in addition to the price of the sold item. If the destruction occurs due to the buyer's negligence or action, this liability is confirmed, as stated by Ahmad. The seller has the right to reclaim the equivalent of the usufruct from the buyer. This liability for compensation (usufruct equivalent) is conditional upon the buyer's fault, such as negligence.
Supporting text
If the object is destroyed without the buyer's action or negligence, the buyer is not liable for compensation. This principle is supported by analogy to the destruction of a date palm with its fruit when the fruit was stipulated for the seller, or the destruction of a specific tree in a courtyard when that tree was explicitly excluded from the sale.