When an item is destroyed, what value must the usurper pay if the item's value has fluctuated?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the value of the destroyed item has not changed from the time of usurpation until the time of return, the value at that time must be paid. If the value has changed due to intrinsic qualities of the item itself—such as increase in size, weight, learned skills, or forgotten knowledge—the required payment is the highest value it attained, because it was in a state of increased value while under usurpation, and the increase belongs to the owner. If the value increased before the time of destruction, but then decreased at the time of destruction, the highest value attained (when it was increased) must be paid.
Supporting text
If the value fluctuation is due to changes in market prices (taghayyur al-as'ar), the increase in value is not guaranteed, as a decrease in value due to price changes is not guaranteed upon returning the item itself, and thus is not guaranteed upon destruction. Al-Qadi interpreted the view of Al-Khiraqi as applying only when value changes due to market prices, aligning with the view of Al-Shafi'i. The primary view holds that intrinsic increases (like fatness) are guaranteed upon destruction because they are guaranteed even when the item is returned, unlike price increases which are not guaranteed upon return.