as is the case with sales and as is the case with reduction. Ahmad said in a narration by Ibn Mansur: "If he breaks the jewelry, it is more pleasing to me that he repairs it." Al-Qadi said: This is interpreted as meaning that both parties have agreed to that, not that it is a matter of obligation. This applies if the craftsmanship is permissible; if it is forbidden, such as vessels or men's jewelry, it is not permissible to guarantee it for more than its weight, according to a single perspective, because the craftsmanship has no value in Islamic law, so it is as if it were non-existent.

862 - Issue: He said: "Whoever usurps a piece of land and plants it, he is compelled to remove his plants, pay its rent until the time he delivers it, and pay for the amount of its depreciation if the planting caused it to decrease in value."

The discussion on this issue consists of several sections: First, the usurpation of real estate, such as lands and houses, is a valid concept, and it must be guaranteed by its usurper. This is the apparent view of Ahmad's school, it is what is explicitly stated by his companions, and it is the view of Malik, al-Shafi'i, and Muhammad ibn al-Hasan. Ibn Mansur narrated from Ahmad, concerning one who usurps land and sows it, then it is hit by a flood caused by the usurper, that he must pay the value of the land; but if it is something from the heavens (natural disaster), he is not liable for anything. The apparent meaning of this is that it is not guaranteed through usurpation. Abu Hanifa and Abu Yusuf said: Its usurpation is not a valid concept, nor is it guaranteed through usurpation. If he destroys it, he guarantees it through destruction, because it does not possess the attribute of being moved and transferred (1), so he does not guarantee it, just as if he stood between an owner and his chattel, and the chattel was destroyed; for usurpation is the establishment of power over property wrongfully in a way that eliminates the owner's power, and this is not possible in real estate. Our proof is the saying of the Prophet (peace be upon him): "Whoever wrongfully takes a span of land, he will be encumbered with it from the seven earths on the Day of Resurrection." [Narrated by al-Bukhari (2) from Aisha] (3). In another wording: "Whoever usurps a span of land." Thus, the Prophet (peace be upon him) informed that it can be usurped and that one can be wronged regarding it. Furthermore, because that which is guaranteed in a sale must be guaranteed in usurpation, like movable property, and because it...