Whose testimony prevails regarding the destruction (talaf) of the usurped item when the usurper claims it was destroyed and the owner denies it?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The statement of the usurper prevails because he has greater knowledge of the event, and establishing contrary evidence is impossible. If the usurper swears an oath concerning the destruction, the owner is entitled to claim its equivalent value because the return of the object itself has become impossible, mandating its substitute, similar to the case where a usurped enslaved person flees (abqa).
Supporting text
A differing opinion holds that the owner is not entitled to claim the substitute value because he did not claim it (the value) in the first instance.