right. Thus, guaranteeing usurped property is valid, because the usurper is liable in all circumstances.

For example, a man forcibly takes another man’s watch and runs away with it. The owner of the watch finds him, seizes him, and says, “I will take you to prison, unless you give me back my watch.” He replies, “The watch is at home; I do not have it with me.” The owner says, “I will bring a case against you so that you are imprisoned.” Then another man steps forward and says, “I guarantee the watch.” In this case, the guarantee is valid, because usurped property is subject to liability in all circumstances, and the usurper is liable in all circumstances, since he is a transgressor. His possession is not that of a trustee. Accordingly, in this case the guarantor may guarantee this watch, because it is guaranteed in all circumstances.

His statement, “and property taken for appraisal”: that is, it is also valid to guarantee property taken for appraisal. Property taken for appraisal has several forms.

The first form is that the prospective buyer negotiates over it and agrees on the price.

For example, a person goes to a shopkeeper and says, “I will buy this item from you for one hundred riyals.” Thus, he negotiates its price with him. The shopkeeper says, “That is fine.” He then says, “I will take it to my family to show them. If they approve, I will take it; otherwise, I will return it.” The shopkeeper says, “That is fine.” So the person who negotiated for it takes it to his family, but the item is destroyed. He is liable for it in all circumstances, whether he transgressed, was negligent, or neither transgressed nor was negligent. This is because he took possession of it and agreed on its price, so it is as though the sale had been concluded. Thus, he is liable for it in all circumstances, and this is why guaranteeing an item taken for appraisal is valid.