What is the ruling regarding the restoration of an object used to enhance usurped property (e.g., thread in a garment, stone in a building) if the enhancing object is destroyed or decomposed?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If a usurped item is used to enhance the usurper's property, such as thread used to sew a garment or a stone used to build, and the thread decomposes or the stone breaks, the usurper does not take ownership of the enhanced item but must pay the value of the usurped item. This is because the item has become destroyed, necessitating its compensation in value. This view is held by Malik and Al-Shafi'i.
Supporting text
Abu Hanifa holds that the original item (like the wood or stone) does not need to be returned because it has become subordinate to the usurper's property and returning it would cause harm (like removing stitches from a slave's wound).