What is the liability of the usurper when a slave first incurs an offense exceeding his value and is subsequently seized by a usurper who causes another offense exceeding the value?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If a slave first commits an offense exceeding his value while in his master's possession, and a usurper then seizes him and commits another offense exceeding his value, the slave is sold to cover both claims, and the proceeds are divided between the parties. The original owner has recourse against the second usurper for the amount the second usurper acquired. This is because the second offense occurred while the slave was in the second usurper's possession, and the injured party from the first offense had the prior right to claim the compensation over the second injured party. The compensation received by the owner from the second usurper is the substitute for what the second injured party took, and thus the right of the first injured party attaches to it, as it represents the value of the perpetrator without competition. If the slave dies in the second usurper's custody, the usurper owes the slave's value, which is divided between the two claimants. The original owner then claims half the value from the usurper because the usurper is the guarantor of the second offense, and the first injured party has the primary right to claim it as previously established.