Is the usurper liable for the depreciation in value resulting from price fluctuations?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The usurper is not liable for the depreciation in value resulting from changes in market prices. This is the established position of Ahmad and the majority of scholars. The basis for this ruling is that the usurper returned the object in its original state; neither its substance nor its attributes were diminished, thus nothing is owed, just as if no depreciation had occurred. The right of the dispossessed is for the object itself, which remains wholly intact as it was. Furthermore, the usurper is only liable for what was usurped, and monetary value (due to price change) is not part of the usurped item itself, unlike an increase in the item's substance, which is considered usurped.
Supporting text
It has been reported from Abu Thawr that the usurper is liable for the price depreciation because liability for the object's value is required if the object is destroyed, implying liability upon its return, analogous to clarified butter (samn).