Total destruction leaves no usable collateral, whereas partial impairment leaves the asset in existence but reduces its utility or value.
The distinction changes the remedy. In one case the original object must be replaced by its financial equivalent; in the other one must assess the compensable diminution while taking account of the asset that remains.
Treating both as a generic “defect” conceals the legal accounting.
Opening interactive controls...
Total destruction versus partial impairment
Kitab al-Rahn: Manumission, Destruction and Liability for Injury
Total destruction leaves no usable collateral, whereas partial impairment leaves the asset in existence but reduces its utility or value.
The distinction changes the remedy. In one case the original object must be replaced by its financial equivalent; in the other one must assess the compensable diminution while taking account of the asset that remains.
Treating both as a generic “defect” conceals the legal accounting.