Is a usurper liable for damage that diminishes the value of usurped property?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

The usurper is liable for any permanent diminution in the value of the usurped property, whether the damage is caused by planting on the land, or by other means. This applies to all usurped items, such as a torn garment, a broken vessel, spoiled food, or a ruined building. The usurper must return the item along with the compensation (*arsh*) for the damage sustained while it was in his possession. This principle is established by analogy to similar fixed quantities, such as a measure of food or a length of cloth. This is the position held by Al-Shafi'i.

Supporting text

Abu Hanifa holds that if someone causes a minor tear in a garment, the owner must accept the compensation (*arsh*) for the tear. However, if the tear is substantial, the owner has the option to either surrender the garment and take its full value or keep it and take the compensation for the tear.