return the fruit if it remains, but if it is destroyed, he is liable for its substitute. If it was fresh (rutab) and became dates, or grapes and became raisins, he must return it along with the compensation for any deficiency if it decreased, and he is not entitled to anything for his labor on it. There is no wage for the tree, because its wage is not permissible in contracts, and likewise it is not in usurpation, and because the benefit of the tree is the cultivation of the fruit and its production, and these benefits have already reverted to the owner. If it were livestock, he is liable for its offspring if it gave birth while in his possession, and he is liable for its milk with an equivalent, because it is among the things that have equivalents (dhawat al-amthal), and he is liable for its wool and hair with an equivalent, just like cotton.

Section: When one usurps land, its ruling regarding the permissibility of others entering it is its ruling (14) prior to the usurpation. If it is enclosed, like a house or an enclosed garden, it is not permissible for anyone other than its owner to enter it, because the ownership of its owner has not ceased, so entering it without his permission is not permissible, just as if it were in his possession. Ahmad said, regarding a farm that has become a thicket containing fish: No one shall fish there except with their permission. If it is an open desert, it is permissible to enter it and graze its vegetation. Ahmad said: There is no harm in grazing forage in usurped land; this is because forage is not owned by the ownership of the land. It can be derived for each of the two cases the ruling of the other, by way of analogy. Al-Marwudhi narrated from him, regarding a man whose parents are in a house whose bricks are usurped: He should not enter upon his parents, because his entering upon them is a disposal of the usurped bricks. Al-Fadl ibn Abd al-Samad (15) narrated from him, regarding a man who has brothers in usurped land: He should visit them and urge them to leave; if they respond to him, [that is well], otherwise he should not reside with them, but he should not neglect visiting them. Meaning, he should visit them such that he comes to the door of their house, inquires about their news, greets them, and speaks to them, without entering upon them. Al-Marwudhi narrated from him: I dislike walking on the culvert (al-'abbara) through which water flows. This is because the culvert was placed for the passage of water, not for walking upon, and perhaps walking upon it causes it damage. Ahmad said: One should not bury in usurped land; because of what is in...