What is the liability for the usufructuary when parts of a usurped item are destroyed?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If a usurped garment or rug has some of its parts destroyed, such as the nap of a towel or the fuzz of a garment, the usurper is liable for the compensation of the diminution (*arsh*) of its defect. If the usurper retained the item for a period equivalent to its rental value, the rent becomes obligatory upon him, regardless of whether he used the item or left it unused. If both loss of parts and retention occur simultaneously, the usurper is liable for both: the rent and the compensation for the diminution, whether the loss of parts occurred through use or otherwise.