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30. Usurpation (Ghaṣb)

Usurpation is when a person unjustly takes control over the property or right of someone else. It is something that the intellect, Qur’an, and traditions all judge to be unlawful (ḥarām). It has been reported that the Most Noble Messenger (Ṣ) said, ‘Whosoever usurps one span of land from another, seven layers of that land will be hung around his neck like a collar on the Day of Resurrection.’

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  • Ruling 2573

    If a person changes something that he has usurped into something better and the owner says, ‘You must revert it to its original form’, then, if the owner has a purpose for saying that, it is obligatory (wājib) …

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  • Ruling 2574

    If someone farms on land that he has usurped or plants trees on it, the crops he cultivates, the trees, and their fruits belong to him. However, if the owner of the land does not consent to the …

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  • Ruling 2575

    If an owner of some land consents to crops and trees remaining on his land, it is not necessary for the usurper of the land to remove them. However, he must pay rent for using the land from …

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  • Ruling 2576

    If an item that has been usurped is destroyed and it was a non-fungible item, such as cows and sheep, the usurper must pay its value. An item is considered ‘non-fungible’ when there are not many other items …

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  • Ruling 2577

    If an item that has been usurped is destroyed and it was a fungible item, such as wheat and barley, the usurper must replace it with another item like it. An item is considered ‘fungible’ when there are …

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  • Ruling 2578

    If a person usurps a non-fungible item and it is destroyed, in the event that it acquired a quality that increased its value while it was with the usurper – for example, [it was an animal and] it …

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  • Ruling 2579

    If a person usurps an item and another individual usurps it from him and it is destroyed, the owner can claim its replacement from either of the two usurpers, or he can claim some of it from each …

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  • Ruling 2580

    If one of the conditions of a valid transaction (muʿāmalah) is not fulfilled in a sale – for example, an item that must be bought and sold by weight is sold without weighing it – the transaction is …

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  • Ruling 2581

    If a person takes some property from a seller to have a look at it or to keep it for a while so that if he likes it, he will buy it, and if that property perishes, then …

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