Is the usurper absolved of liability if they gift or bequeath the usurped item back to its owner?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The correct position is that the usurper is absolved because they have returned the original item to the owner through a valid and complete handover, removing the usurper's control. The narration from Al-Athram regarding the owner receiving compensation as a gift applies where the owner accepts the item as a gift rather than as restitution of their right; here, the original item is returned, restoring the possession the usurper removed.
Supporting text
If the usurper sells the item back to the owner and delivers it, the usurper is absolved because the owner took possession via a purchase, which entails liability. Absolution also occurs if the usurper loans the item back, as a loan (Ariya) necessitates liability for the borrower.