What is the liability status if the owner of usurped food consumes it after it is fed to them by the usurper?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the consumer is the original owner, and they ate it knowing it was their own food, the usurper is absolved of liability. If the owner did not know, and the usurper told them, 'Eat it, it is my food,' liability remains with the usurper based on the preceding reasoning, even if the owner has proof that the food belonged to the person they were told it was from.
Supporting text
If the usurper did not make the statement about ownership but simply presented it and said, 'Eat it,' or 'I have gifted it to you,' or remained silent, the apparent position of Ahmad suggests the usurper is not absolved. This is reasoned by an analogy where receiving something as a gift or charity without knowledge does not negate the existing claim. Returning the item by mere presentation does not restore the owner's full right of disposal (selling, gifting, etc.) as occurs when the item is returned through a valid transfer of possession. However, an alternative view suggests absolution based on analogy with the case where the usurper feeds the food to a non-owner, where the consumer becomes liable in one narration.