What is the liability when the usurper returns the wrongfully taken property with a defect (due to illness, flaw, excessive fatness, or pregnancy)?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the usurper returns the wrongfully taken property having a deficiency resulting from illness, a flaw, excessive fatness, or pregnancy, they are obligated to pay the monetary difference representing the depreciation (*arsh*) of that defect. If this defect subsequently disappears while the item is in the owner's possession, the usurper is not obliged to return the received compensation (*arsh*) because the guarantee (*daman*) for that specific defect was permanently established upon the return of the defective item.

Supporting text

If the usurper takes compensation for the defect (*arsh*) and then the defect is removed before the owner fully takes possession of the compensation for the defect, the obligation for the usurper to return that compensation is not voided due to the subsequent removal of the defect.