Can the original owner hold the usurper liable if the borrower returns the wrongfully seized item to the usurper?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the borrower returns the item to the usurper, the owner may still hold the usurper liable because the usurper forfeited the owner's proprietary right by returning the item to someone who did not have the right to possess it. The liability rests ultimately with the usurper if destruction occurs while the item is in their possession.

Supporting text

This same ruling applies to a trustee (mūda') and others in similar positions.