What is the liability structure if the usurper hires a laborer to perform the transformation?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the usurper hires someone to perform any of the aforementioned acts, the wage for the laborer is the usurper's responsibility. The ruling regarding any increase or decrease in value remains the same as if the usurper performed the act himself. However, liability for any depreciation can fall upon either the usurper or the laborer. If a butcher is hired to slaughter a sheep, the owner may take the sheep and claim the depreciation value, and sue either the usurper or the butcher for the depreciation. If the usurper pays, he does not seek recourse from the butcher if the butcher was unaware of the illegal acquisition. If the butcher pays, he can seek recourse from the usurper because the usurper deceived him. If the butcher knew the sheep was usurped and pays, he has no recourse against anyone because he knowingly disposed of another's property without permission. If the usurper pays, he seeks recourse against the butcher because the damage ultimately occurred through the butcher's action, establishing liability upon him. If the usurper used someone to assist him, the ruling is the same as if he hired them.