What is the liability when property usurped decreases in value while in the usurper's possession, and is subsequently sold, perishing in the buyer's possession?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the usurped property decreases in value while held by the usurper, and the usurper then sells it, and it perishes in the buyer's possession, the owner has the right to hold either the usurper or the buyer liable. If the owner holds the usurper liable, the usurper must guarantee the property's value at its highest point from the time of usurpation until the time of destruction. If the owner holds the buyer liable, the buyer must guarantee the property's value at its highest point from the time of receiving it until the time of its destruction, because the period before the buyer's possession does not fall under the buyer's guarantee.