What is the recourse if the usurper compensates the owner for both the usufruct value (Ajr) and the value of the item (Qimah)?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the usurper compensates the owner for both the usufruct value and the item's value, the usurper may claim recourse for the usufruct value against the lessee under all circumstances. The usurper may claim recourse for the item's value against the lessee only if the lessee was aware of the usurpation; otherwise, the usurper does not have recourse against the lessee for the item's value.

Supporting text

This ruling is consistent with the position of Al-Shafi'i and Muhammad ibn al-Hasan.