Who is liable to the original owner when a wrongfully seized item is subsequently loaned out and destroyed?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If a wrongfully seized item (maghsūb) is loaned out (i'āra) by the usurper (ghāṣib) and is subsequently destroyed in the possession of the borrower (musta'īr), the original owner has the right to hold either the usurper or the borrower liable for the item's value and rental fees (ujra). If the borrower, knowing the item was wrongfully seized, pays compensation, the borrower does not have recourse against anyone. If the usurper pays compensation, the usurper may seek recourse against the borrower.
Supporting text
If the borrower did not know the item was wrongfully seized and pays compensation, the borrower cannot seek recourse for the item's value because they took possession under the condition that it would be guaranteed (maḍmūn) against them. Regarding whether the borrower can recover the rental fees paid, there are two opinions: one states that the borrower recovers them because they assumed the benefits were theirs without being liable for the principal; the other states recovery is not permitted because the borrower benefited from the item, thereby covering the cost of what they paid.