What is the liability for usurped juice that turns into vinegar (khall)?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the usurped juice turns into vinegar, the usurper must return the vinegar, and compensate for the decrease in value from the original juice amount. Furthermore, the usurper may reclaim any substitute value he paid for the original juice.
Supporting text
Some followers of Al-Shafi'i hold that only the vinegar must be returned, and the substitute value paid for the original juice is not reclaimed. They argue that since the juice was destroyed by fermentation, it necessitates compensation, and the subsequent return of vinegar is analogous to returning a fat slave girl who loses weight and then regains it; in the latter case, the original slave girl is returned along with compensation for the deficiency, implying the compensation for the loss remains due.