Is the usurper absolved if the owner takes possession of the usurped item under conditions other than sale or loan?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the usurper entrusts the item to the owner (Wadi'a), rents it to them, uses it as collateral (Rahn), or leaves it with them for tailoring or teaching, the usurper is not absolved of liability unless the owner is aware of the original usurpation. This is because the owner's possession is taken on the basis of trusteeship (Amanah), not restoration of their full authority.
Supporting text
A secondary opinion among some colleagues holds that the usurper is absolved because the possession and authority have returned to the owner. However, the first view is preferred because if the usurper merely permitted the owner to eat it, the usurper would not be absolved; therefore, absolution should not occur in these specific cases.