What is the ruling if a wrongfully taken item still exists but its return cannot be facilitated?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the wrongfully taken item remains in existence but its return is rendered impossible, the obligation shifts to returning its monetary value. This value is due based on the price on the day the owner receives payment, because the monetary liability did not become fixed in the usurper's debt prior to that moment. The owner retains the choice either to accept the monetary value immediately or to wait until the return becomes possible and demand the usurper exert effort for its return. Accepting the value is compensation for the hindrance preventing the owner from reclaiming his property, and the owner's title has not been removed, unlike in other situations.