it had risen again for a reason different from the first1; if it rose for the very same reason, he is not liable—save for whichever increase is greater.

Section

If the usurper2 mixes the property with something that can no longer be distinguished from it—such as oil or wheat of the same kind, or he dyes the cloth, or kneads sawīq with fat, or the reverse3—and the overall value neither falls nor rises, they become partners in the mixture in proportion to what each of them owns4. Should the value drop, he must pay the deficiency; and if the value of either component rises, that increment belongs to its owner5. A person who declines to remove the dye cannot be forced to do so.6 If the buyer’s plantings or building are later uprooted because the land is awarded to its rightful owner, he may return to the seller for indemnity.

If the usurper feeds the property to someone who knows it was wrongfully seized, liability rests on that person; the opposite applies in the opposite case. If he feeds it to its owner, or pledges it to him, or deposits it with him, or rents it to him, he is not absolved unless the owner is aware of its status, whereas lending it to him does release him.

Any part of a fungible usurped item that perishes or goes missing7 must be replaced with another of the same kind; if that is impossible, then with its market value.