Who bears liability if the usurped item perishes while in the possession of the lessee?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the item perishes in the hands of the lessee, the owner may demand compensation for its value from whomever they choose between the usurper and the lessee. If the owner demands compensation from the lessee, the lessee has the right to claim recourse against the usurper, provided the lessee was unaware of the usurpation when entering the contract, as the lessee did not contract to guarantee the item itself but only the use, and the lessee received no benefit (Badal) in exchange for what they compensated. If the lessee knew of the usurpation, the lessee bears the full liability and has no right of recourse against the usurper because they entered the agreement with full knowledge, and the destruction occurred in their possession.