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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 7 · صفحة 382فصل

الترجمة · EN

should he be required to return it while in an increased state, he does not return it; for he returned the specific asset just as he had taken it, so he is not liable for the decrease in its value, just as in the case of a decrease in its market price. Our [position] is that this is an increase in the essence of the usurped asset, so the usurper is obligated to provide compensation for it, just as if [the owner] had demanded its return and he failed to do so. It is distinguished from an increase in market price, for if that [price increase] were present at the time of the usurpation, he would not be liable for it. As for skill (industry), if it is not from the essence of the usurped asset, it is a quality pertaining to it, which is why he is liable for it when demanded to return the specific asset [while it is present and he does not return it]. We have treated both it and learning as having the same status as obesity, which is a physical attribute; because it is a quality that follows the asset. We have treated an increase that occurs in the hands of the usurper as having the same status as an increase that was present at the time of the usurpation; because it is an increase in the asset owned by the one from whom it was usurped, so it is also owned by him, because it is a subordinate to the asset.

As for if he usurped the asset while it was fat, or possessed a skill, or had learned the Qur'an or the like, and it then became emaciated or forgot [what it learned], whereby its value decreased, then he is liable for the decrease in its value. We know of no disagreement regarding this, because it decreased from the condition it was in when it was usurped in a manner that affected its value, so compensation became obligatory for it, just as if he had caused the loss of one of its limbs.

Section: If he usurps it when its value is one hundred, and it becomes fat, and its value reaches one thousand, then it learns a skill, [and its value reaches two thousand, then it becomes emaciated and forgets, and its value returns to one hundred, he returns it and returns one thousand and nine hundred. And if it reached one thousand through obesity], then it became emaciated and reached one hundred, then it learned [a skill] and reached one thousand, then it forgot and returned to one hundred, he returns it and returns one thousand and eight hundred; because it decreased by nine hundred due to emaciation, and by nine hundred due to forgetting. And if it became fat and reached one thousand, then became emaciated and returned to one hundred, then learned [a skill] and returned to one thousand, he returns it and [pays] nine hundred; because the disappearance of the first increase necessitated liability, then another increase occurred from a different aspect on the property of the one from whom it was usurped, and a person's property is not compensated for by his own property. As for when it reaches one thousand due to obesity, then becomes emaciated and returns to one hundred, then...

الحواشي

(1) In the original: "li-annaha" (because it). (2) Omitted from the original. (3) In B and M: "damanuha" (its liability). (4) In the place of this in the original: "fatlafat al-'ayn" (the asset perished).

السابقمجلد 7 · صفحة 382التالي
السابق7·382التالي