Is the usurper liable for damages if a stolen item that was damaged subsequently recovers its original state while still in the usurper's possession?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the wrongfully taken property suffers from a temporary defect, such as illness followed by recovery, whitening of the eye followed by its clearing, or excessive fatness in a beautiful female slave that reduces her value, and subsequently returns to its original state and value while still in the usurper's possession, the usurper must return the item without liability for damages. Liability for damages is incurred only when an impairment affecting value is present. Since the defect that necessitates compensation ceases to exist in the usurper's possession, no liability remains.