What recourse does the purchaser have against the usurper for liabilities incurred while in the purchaser's possession?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
For liabilities incurred during the usurper's possession (like rent for the period he held her, or defects occurring under him), the purchaser can seek recourse against the usurper alone. If the purchaser paid the owner for liabilities incurred while the purchaser held her, his right of recourse against the usurper depends on his knowledge at the time of purchase. If he knew she was usurped, he has no recourse for things like the slave's value if she died, her virginity compensation, or compensation for parts of her, as the liability was inherent in his purchase without deception. If he did not know, he has recourse for the value of the child born to him and the compensation for the loss due to childbirth. There is disagreement whether he has recourse for the Mahr and the rent for her use; one view allows recourse as he paid compensation for what he gained, and another view denies recourse as he paid for benefits he utilized, similar to the slave's value or parts compensation.
Supporting text
There is disagreement on recourse for Mahr and rent: one view allows recourse because he paid compensation for benefits gained, and another denies recourse because he paid for benefits he utilized, analogous to the slave's value or compensation for her parts.