If the thing usurped is a slave and the usurper sets him free, that manumission is reversed. Should the slave die while in the usurper’s hands, kill someone deliberately and be executed in retaliation, or commit an offense for which he is put to death, the usurper is liable in every case for the slave’s full value on the day he seized him, not the day of his death.
If, while the slave is in the usurper’s possession, a third party kills him, the master may choose either to hold the usurper responsible for the slave’s value on the day of usurpation or to proceed directly against the killer. If the master takes from the usurper that first value, the usurper may then claim from the killer the slave’s value on the day he was killed.
If the usurper himself is the killer, the master may claim, at his discretion, either the value of the slave on the day of usurpation or his value on the day he was killed.
When the person usurped is a female slave and the usurper has intercourse with her, he is subject to the prescribed ḥadd punishment. If she becomes pregnant, her child belongs to her owner and is a slave. The usurper must also pay whatever loss in value the intercourse caused if she was a virgin. Should any of those children die, the usurper owes nothing for them; and even if he later acquires ownership of one of them, no parentage is ever established between them, for his act was fornication.
If the female slave dies while her children are still alive and the victim of the usurpation wishes to take both the children and the value of their mother, Malik rules that he may not do so. He may either take the children he finds alive without also claiming their mother’s value, or take their mother’s value and leave the children; in the latter case, once he has received her value, the children remain the property of the usurper.
Should the usurper marry her off and her husband father children by her, then the rightful owner reclaims her, the marriage is annulled, but the children’s lineage is affirmed from their father, and they—together with their mother—are slaves owned by the master. The husband must pay a dowry equivalent to her worth to the master and may recover from the usurper whatever dowry he had already paid.
If the husband married her on the assumption that she was free, the children are free, yet he must still pay their value to the master along with an equivalent dowry.
If someone usurps young palm trees that subsequently mature, or a child who later comes of age, or a scrawny riding animal that later becomes fat, the owner is entitled to take the property back in its improved state without owing anything for fodder, maintenance, or other expenses.