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Issue No. 2179Rules Regarding Ghasb

Obligation of Repaying the Usurped Property

Issue No. 2179- It is obligatory for a usurper to return the property that he has usurped to its owner as soon as possible, and the more he delays in returning the usurped object, the more sins will be recorded for him, and if it perishes he must give him its substitute.

Issue No. 2180Rules Regarding Ghasb

Who Is Entitled For The Benefit Of Usurped Property during the Usurpation?

Issue No. 2180- If some benefit is accrued from a usurped thing, for example, if a lamb is born of a sheep which has been usurped or fruit is obtained from a usurped orchard, they all belong to the owner of the property, though the usurper may have spent time or his energy, etc. on it. Moreover, if a person usurps a house, even if he has not used it, he should pay its rent at the normal rate for the period it has been in his possession. The same applies if he usurps other properties such as cars, etc.

Issue No. 2182Rules Regarding Ghasb

If the Usurpers are Several People

Issue No. 2182- When two or more persons usurp a property jointly, each of them will be responsible for a part of it, (if they are two, each of them will be responsible for half of it, and if they are three, each of them will be responsible for one-third of it), whether one of them single-handedly might have been able to usurp it or not.

Issue No. 2183Rules Regarding Ghasb

Mixing Usurped Property with Other Things

Issue No. 2183- If a usurped thing is mixed with another, and if it is possible to separate them, he should separate them though it may involve hardship for him, and should return the usurped thing to its owner. And if he has placed it in a faraway place, he will bear all the expenses of transferring that property to its owner.

Issue No. 2184Rules Regarding Ghasb

Spoiling the Usurped Property beside the Usurper

Issue No. 2184- If a person damages a utensil or any other thing which he has usurped, he should return it to its owner in addition to the difference between the value of the sound property and the damaged one. And if with the aim of not paying the difference, he says that he is ready to make it like the original one, the owner is not obliged to accept the offer. Also, the owner cannot compel him to make it like the original one; he can only demand the difference between the value [of the sound property and the impaired one].

Issue No. 2185Rules Regarding Ghasb

Changing the Usurped Property that Causes Cost Increase in Property

Issue No. 2185- If a person changes a property that he has usurped into something better than before, for example, if he makes an earring or a necklace from the gold usurped by him, and the owner asks him to give it to him in the same (i.e., changed) form, he should give it to him in that form. He cannot claim any charges from the owner for his labour and cannot even change it to its original form without the permission of the owner, and if he does so, he should, as an obligatory precaution, pay the price difference.

Issue No. 2187Rules Regarding Ghasb

Cultivating or Planting Trees in a Usurped Land

Issue No. 2187- If a person usurps a piece of land and cultivates or plants trees in it, the produce of farming and the trees and their fruits are his own property. However, he (the usurper) should pay rent to the owner of the land for the period that the crop and the trees remained on his land. However, if the owner does not permit the crops and the trees remaining on his land, the usurper of the land should pull them out immediately even if he may suffer consequent loss and should also make up for the damage done to the land [if any] by paying the difference in value. Moreover, he cannot compel the owner of the land to sell it or lease it out to him, and the owner of the land too cannot compel him to sell the trees or crops to him.

Issue No. 2188Rules Regarding Ghasb

Perishing the Usurped Property

Issue No. 2188- If a thing usurped by a person perishes, in case it is among the things whose double is usually rare to find, like many animals and hand-woven carpets, he should pay its price, but if its market value has undergone a change, he should give the value of the day when it perished (if the usurper delays the paying from the day that thing perished then the average inflation rate must be added to the price). However, if the usurped thing is among those which are mass-produced and their double are available usually in abundance, like wheat, barley, machine carpets, various kinds of fabrics and utensils, then, he should give back the double of what he has usurped, but its qualification and characteristics should be the same as those of the usurped one.

Issue No. 2189Rules Regarding Ghasb

If The Usurped Animal Dies

Issue No. 2189- If a person usurps an animal, like a sheep, and then it perishes, in case it has become fat before its death and during the time it was with him, the usurper should also pay the price of the value increase due to weight increase.

Issue No. 2190Rules Regarding Ghasb

Usurping the Usurped Property

Issue No. 2190- If the property usurped by a person is usurped from him by another person and it perishes, the owner of the property can claim its compensation from any one of them and he (either of the usurpers) should give it to him.

Issue No. 2191Rules Regarding Ghasb

Possessing the Commodity and its Substitute of an Invalid Transaction

Issue No. 2191- If an invalid transaction takes place, for example, a commodity that should be purchased and sold by weight is sold without being weighed, neither the purchaser becomes the owner of the commodity, nor will the seller become the owner of the money. However, there is no harm in making use of their own property if both the seller and the buyer consent it regardless of the transaction, otherwise the things taken by them from each other are like usurped property and should be returned back to the respective original owners. And if the property of each of them perishes while in the custody of the other, he should pay compensation for it regardless of whether or not he knows that the transaction was void.

قرآن و تفسیر نمونه
مفاتیح نوین
نهج البلاغه
پاسخگویی آنلاین به مسائل شرعی و اعتقادی
آیین رحمت، معارف اسلامی و پاسخ به شبهات اعتقادی
احکام شرعی و مسائل فقهی
کتابخانه مکارم الآثار
خبرگزاری رسمی دفتر آیت الله العظمی مکارم شیرازی
مدرس، دروس خارج فقه و اصول و اخلاق و تفسیر
تصاویر
ویدئوها و محتوای بصری
پایگاه اطلاع رسانی دفتر حضرت آیت الله العظمی مکارم شیرازی مدظله العالی
انتشارات امام علی علیه السلام
زائرسرای امام باقر و امام صادق علیه السلام مشهد مقدس
کودک و نوجوان
آثارخانه فقاهت