as it was. Also, the usurper is only liable for what he usurped, and value does not enter into usurpation, unlike the increase of the substance, for that is usurped and it has vanished.

Section: If he usurps something and splits it in two, and it is a garment that is diminished by cutting, he shall return it along with the indemnity for its reduction. If one of the two halves is destroyed, he returns the remainder and the value of what was destroyed, [and the indemnity for the reduction; and if the cutting does not reduce its value, he returns the remainder and the value of what was destroyed] and nothing else. If both remain, he returns both and is liable for nothing other than that. If he usurps two things that are diminished by separation, such as a pair of shoes or the two leaves of a door, and one of them is destroyed, he returns the remainder and the value of what was destroyed plus the indemnity for their reduction. Thus, if their value is six dirhams and one of them is destroyed, making the value of the remainder two dirhams, he returns the remainder and four dirhams. There is another view that he is not liable for anything except the value of the destroyed item along with the return of the remainder. This is one of the two views of the companions of al-Shafi'i, because nothing else was destroyed, and because the reduction of the remainder is a reduction in value, so he is not liable for it, just like the reduction due to price fluctuations. The correct view is the first, because it is a reduction that occurred due to his act, so he is liable for it, like the cutting of a garment that is diminished by cutting if he destroys one of its two halves. This differs from price reduction, for in that case, neither substance nor meaning has left the usurped asset, whereas here he has nullified a benefit, which is the possibility of utilizing it; this is what causes the reduction of its value, and it results from the usurper, so he should be liable for it, just as if he had caused the loss of its sight, hearing, or intellect, or dismantled the structure of a door or the like.

Section: If he usurps a garment and wears it until it becomes worn, causing a reduction of half its value, then the price of garments rises and its value returns to what it was, he must return it and pay the indemnity for its reduction. If he usurps a garment worth ten, and his wearing it reduces it until its value becomes five, then its value increases and it becomes ten, he returns it and pays five; because that which was destroyed before the rise in the price of the garment had its value fixed as a liability at five, so it is not affected