What is the liability if a usurped slave's value increases before an injury is inflicted?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If a slave valued at one thousand is usurped, increases in value to two thousand, and then a hand is cut off, resulting in a loss of one thousand in value, the usurper must pay one thousand and return the slave. This is because the depreciation in market value of the property concurrent with its destruction is guaranteed, and the slave's hand is considered half its value; thus, cutting the hand caused the loss of half its total value.
Supporting text
If the loss in value is one thousand five hundred, and the ruling dictates liability only for the exact depreciation, the usurper must pay one thousand five hundred and return the slave. If the ruling follows the view that the liability is for the injury (the *Diyah* standard), then the usurper only pays one thousand and returns the slave.