How to Determine the Value of Stolen Property When Guaranteeing It: At the Price of the Day or the Price of the Day It Was Stolen
Machine translationRead the Arabic original
The questioner : Yes. The guarantor, if he is held liable for the loss, meaning, does he pay the price of the day of the theft or the day of the loss?
The Shaykh : As for fungible items, it has been established that he gives their equivalent, whether their value has increased or decreased. As for non-fungible items, he guarantees them at the time of their destruction, not the time of the theft, unless the value at the time of the theft was higher. And we said that if the value decreased due to price, he gives the higher of the two values, at the time of the theft or the time of the loss.
The questioner : The higher one for the sake of knowledge.
The Shaykh : Higher than it, this is if we say that what decreased in price is regulated.
The questioner : If we say it is not named.
The Shaykh : If we say it is not guaranteed, its value is considered at the time of destruction, because it remained in the ownership of its owner until it was destroyed. Is that clear?
The Shaykh : As for fungible items, it has been established that he gives their equivalent, whether their value has increased or decreased. As for non-fungible items, he guarantees them at the time of their destruction, not the time of the theft, unless the value at the time of the theft was higher. And we said that if the value decreased due to price, he gives the higher of the two values, at the time of the theft or the time of the loss.
The questioner : The higher one for the sake of knowledge.
The Shaykh : Higher than it, this is if we say that what decreased in price is regulated.
The questioner : If we say it is not named.
The Shaykh : If we say it is not guaranteed, its value is considered at the time of destruction, because it remained in the ownership of its owner until it was destroyed. Is that clear?
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [5470] كيفية تحديد المغصوب عند ضمانه هل بسعر يومه أو بسعر يوم غصبه - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.