What is the liability when a usurped item suffers diminution due to non-use?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the diminution occurs without use, such as a garment being damaged by spreading it out, the usurper is liable for both the rent for the period of retention and the compensation for the diminution.
Supporting text
Some Shafi'i scholars hold that if the diminution arises from non-use (like damage from spreading), the usurper must compensate for both the rent and the diminution. However, if the diminution arises from use (like wearing and wearing out a garment), there are two opinions: either liability for both, or liability only for the greater of the two amounts: the rent or the compensation for the diminution, arguing that the loss of parts corresponds to the rent, meaning the user is not responsible for the parts lost, and this analogous situation should apply.