Section: If they dispute over a turban, where one end is in the hand of one of them and the remainder is in the hand of the other, or a shirt where one sleeve is in the hand of one of them and the remainder is with the other, they are equal in both cases. This is because the hand of the one holding the end is upon it, as evidenced by the fact that if the remainder were on the ground and another person disputed with him over it, it would belong to him; thus, if it is in their hands, they are equal in it. If there is a house with four rooms, and in one of its rooms there is a tenant, and in the remaining three there is another tenant, and they differ over it, each of them shall have what he is residing in; because every room is distinct from its occupant, and the one outside does not share with the one residing inside in the establishment of possession. If they dispute over the courtyard from which one accesses the houses, it is divided between them in two halves, due to their sharing in the establishment of possession over it, so it is similar to the turban in what we have mentioned.

1945 - Issue: He said: "Whoever has a right against someone, and he refuses to give it to him, and he finds property of his, he shall not take the amount of his right from it; because it was narrated from the Prophet, peace be upon him, that he said: 'Fulfill the trust to the one who trusted you, and do not betray the one who betrayed you.'"

The general sense is that if a person has a right against someone else, and the latter acknowledges it and is willing to pay it, it is not permissible for him to take from his property except what he gives him, without disagreement among the scholars. If he takes something from his property without his permission, he is obligated to return it to him, even if it is the amount of his right, because it is not permissible for him to own an item of his property against his will, without necessity, even if it is of the same genus as his right; because a person may have an interest in that specific item. If he destroys it, or it perishes and becomes a debt upon his liability, and the amount established in his liability is of the same genus as his right, they shall offset the debt, according to the analogy of the school and the famous position in the school of al-Shafi'i. If he is withholding it from him for a reason that permits withholding, such as deferment or insolvency, it is not permissible to take anything from his property, without disagreement.