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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 7 · Page 360Book of Usurpation (Ghasb)

Translation · EN

Book of Usurpation (Ghasb)

Usurpation (Ghasb) is the taking hold of another person's property without right. It is prohibited by the Book [Quran], the Sunnah, and Consensus (Ijma'). As for the Book, it is the saying of Allah the Exalted: "O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent" (Quran 4:29). And His saying: "And do not consume one another's wealth unjustly or send it [in bribery] to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin, while you know [it is unlawful]" (Quran 2:188). And His saying: "[As for] the thief, the male and the female, amputate their hands in recompense for what they committed" (Quran 5:38). Theft is a type of usurpation. As for the Sunnah, Jabir narrated that the Messenger of Allah (peace and blessings of Allah be upon him) said in his sermon on the Day of Sacrifice: "Indeed, your blood and your wealth are sacred, with the sanctity of this day of yours, in this month of yours, in this land of yours." Narrated by Muslim and others. From Sa'id ibn Zayd, he said: I heard the Messenger of Allah (peace and blessings of Allah be upon him) say: "Whoever takes a span of land unjustly, he will be shackled with it from seven earths." Agreed upon. Abu Hurra al-Raqashi narrated from his uncle and 'Amr ibn Yathribi, from the Prophet (peace and blessings of Allah be upon him), that he said: "The wealth of a Muslim is not lawful except by his own good pleasure." Narrated by Abu Ishaq al-Juzajani. The Muslims have reached a consensus on the prohibition of usurpation in general, and they only

Notes

(1) Surah An-Nisa, 29. (2) Surah Al-Baqarah, 188. (3) Surah Al-Ma'idah, 38. (4) Its verification has preceded in 5/156. (5) Narrated by Al-Bukhari, in: The Chapter on the Sin of One Who Usurps Anything of the Land, from the Book of Oppressions (Al-Mazalim). And in: The Chapter on What Has Been Related Regarding the Seven Earths, from the Book of the Beginning of Creation. Sahih Al-Bukhari 3/170, 4/130. And Muslim, in: The Chapter on the Prohibition of Oppression and the Usurpation of Land and Others, from the Book of Sharecropping (Al-Musaqat) 3/1230, 1232. It was also narrated by Al-Darimi, in: The Chapter on Whoever Takes a Span of Land, from the Book of Transactions. Sunan Al-Darimi 2/267. And Imam Ahmad, in: The Musnad 1/187-190. (6) Its verification has preceded in 6/606.

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