Who bears liability if the usurper injures the property before entrusting it or returning it to the owner, and the property perishes due to that prior injury?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 2 · Bab 1

Open in Qurani

Primary text

The liability rests entirely upon the initial usurper under all circumstances. This is because the initial usurper is the direct cause of the damage leading to the loss, analogous to when he directly causes the destruction while the property is in his hand.