What is the liability of a usurper when the usurped slave commits an injury with a fixed compensation (diyah)?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
According to one opinion, the liability for usurpation is identical to the liability for the injury itself. Therefore, the usurper is only obligated to pay the *Arsh* (partial compensation) for the injury, just as if the injury occurred without prior usurpation, regardless of whether the resulting defect is valued lower or higher than the standard *Arsh*.
Supporting text
The correct view holds that the liability for usurpation is distinct from the liability for the injury. In this case, the usurper is liable for the greater of two amounts: either the *Arsh* for the defect caused or the full *Diyah* (blood money) for that limb. This is because both causes of liability—the usurpation (holding the property) and the injury—are present, thus mandating the larger consequence, which subsumes the lesser.