Who is liable for the value of usurped food consumed by a third party?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The original owner has the right to hold either the usurper or the consumer liable for compensation. This is because the usurper created a barrier between the owner and their property, and the consumer destroyed another's property without permission, taking possession from a guarantor without the owner's consent. If the consumer was aware of the usurpation, liability rests definitively with the consumer for destroying another's property knowingly without deception; if the usurper pays, they may seek recourse against the consumer. If the consumer is held liable and pays, they have no recourse against anyone.
Supporting text
If the consumer was unaware of the usurpation and the usurper told them, 'Eat it, it is my food,' liability rests with the usurper as they affirmed the obligation remained on them, meaning nothing is due from the consumer. If the usurper did not state this, there are two narrations: one holds the consumer liable (supported by Abu Hanifa and Shafi'i's new position), as they compensated for what they destroyed without recourse; the second holds the usurper liable because they deceived the consumer into eating it under the assumption of no liability. The latter view aligns with the apparent meaning of the statement regarding a buyer's right to recourse against the usurper for the dower and expenses paid.