What is the determining point in time for valuing a destroyed item if market prices have changed?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the value difference is due to market price changes, the item is guaranteed by its value on the day of its destruction, according to a narration reported by the majority from Ahmad. The opposing view, held by Abu Hanifa and Malik, is that it is valued based on the price on the day of usurpation because that is the time when possession was wrongfully removed, similar to direct destruction.
Supporting text
The primary position argues that liability for value arises only at the time of destruction because prior to that, returning the item itself was obligatory. The argument for valuing it at the time of usurpation is refuted because retaining the wrongfully taken item constitutes ongoing usurpation (ghasb), which is an act one is perpetually forbidden from leaving alone. It is reported that Al-Khalal suggested Imam Ahmad retracted his opinion favoring valuation on the day of usurpation.