مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٥٣٩ - Usurpation

that he should pay its highest price from the time it was usurped till the time it perished.
٢٥٦٨. If the thing usurped by a person which has perished is like wheat and barley whose prices do not differ on account of personal specifications he (the usurper) should pay a thing which is similar to the one usurped by him. However the specifications of that thing from the point of view of kind and class should be like those of the thing which has been usurped and has perished. For example, if he has usurped rice of superior quality he cannot give in lieu of it rice of inferior quality.
٢٥٦٩. If a person usurps a thing which is like a sheep and it perishes and if its market price has not changed but during the time it was with him, it has, for example, become fat, the usurper should pay the price which it would have fetched when it was fat.
٢٥٧٠. If the thing usurped by a person is usurped by another person and it perishes the owner of the thing can take its compensation from any one of them or can demand a part of the compensation from each of them. And if he takes compensation for the thing from the first usurper the first usurper can take, whatever he has given, from the second usurper, but if he takes it from the second usurper he cannot demand what he has given, from the first usurper.
٢٥٧١. If one of the conditions of contract is not present about a thing which is being sold; for example if a transaction is made bout a thing which should be purchased and sold by weight without its being weighed, the contract is void. And if the seller and the buyer agree. irrespective of the contract, to appropriate the property of each other there is no harm in it. Otherwise the things taken by them from each other are like usurped property and should be returned by them to each other. And in case the property of each of them perishes while in the custody of the other he should pay compensation for it