it becomes fat and returns to one thousand, there are two views. One of them is that he returns it in an increased state and is liable for the decrease of the first increase, just as if they were of two different types, for a person's property is not compensated for by his own property, because the second increase is different from the first. According to this, if it becomes emaciated a second time and returns to one hundred, he is liable for both decreases, totaling one thousand and eight hundred. The second view is that if he returns it while fat, there is nothing upon him, for that which was lost has returned; so it is akin to if it became ill and decreased [in value], then recovered, or forgot a skill and then relearned it, or if a slave ran away and then returned. It is distinguished from the case where it increases from a different aspect, for in that case, what was lost did not return. This view is more analogous due to the evidence we mentioned. According to this [view], if it becomes fat after emaciation, [and its value does not reach] what it attained during the first period of obesity, or if it exceeds it, he is liable for the greater of the two increases, and the other is included within it. According to the first view, he is liable for both together. As for if it increases through learning or a skill, then forgets, then learns what it had forgotten, so the initial value returns, he is not liable for the initial decrease, for the second knowledge is the same as the first; thus, what was lost has returned. If it learns another branch of knowledge or another skill, it is like the return of obesity, regarding which there are two views. This was mentioned by the Qadi, and it is the school of al-Shafi'i. Abu al-Khattab said: Whenever it increases, then decreases, then increases by the same amount as the first increase, there are two views regarding this, whether they are of the same type, such as becoming fat twice, or of two different types, such as obesity and learning. And the first [view] is more appropriate.

Section: If the usurped asset becomes ill and then recovers, or its eye becomes clouded and then the cloudiness disappears, or if he usurps a beautiful slave girl who becomes obese to the point that it detracts from her, then her obesity lessens and her beauty and value return, he returns it and there is no liability upon him, because nothing that possesses value has been lost, and the defect that necessitated liability has ceased while in his hands. Likewise, if it becomes pregnant and decreases in value, then delivers and its decrease disappears, he is not liable for anything. If he returns the usurped asset while decreased due to illness, defect, excessive obesity, or pregnancy, he is liable for the indemnity (arsh) of its decrease. If its defect disappears in the hands of its owner, he is not required to return what he took as indemnity, because his liability was established by returning it.