What must the owner return to the usurper after accepting the item's value due to inability to return the original item?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The owner must return the value taken from the usurper because the justification for taking it—the impossibility of immediate return—has ceased. If the substitute payment still exists in kind, the owner must return any inseparable increase (like fat gained by an animal), as inseparable increases follow the item upon rescission (faskh), and taking the value constitutes a rescission. However, the owner does not have to return any separable increase because it came into existence while the item was in his possession, and separable increases do not follow the item upon rescission, resembling an increase on sold goods returned due to a defect.
Supporting text
If the substitute payment (value) was destroyed, the owner must return its equivalent if it is a fungible item, or its value if it is not.