time of the possibility of return and demanding the usurper to exert effort in returning it. He only takes the value due to the obstruction between him and it, so what stands in its place is considered, and because his ownership has not ceased, unlike other cases.

869 - Issue: He said: "If the usurped item has a rental value, the usurper must return it, and pay for the rental of its equivalent for the duration it remained in his hands."

This issue contains two rulings: First, the obligation to return the usurped item. Second, the return of its rental. As for the first, whenever the usurped item remains intact, it must be returned, according to the saying of the Messenger of Allah (may Allah bless him and grant him peace): "The hand is liable for what it takes until it returns it." Narrated by Abu Dawud, Ibn Majah, and Al-Tirmidhi, who said: It is a hasan (good) hadith. It is also narrated by Abdullah ibn al-Sa'ib ibn Yazid, from his father, from his grandfather, that the Prophet (may Allah bless him and grant him peace) said: "None of you shall take the belongings of his companion, neither in jest nor in earnest. And whoever takes the staff of his brother, let him return it." Narrated by Abu Dawud, meaning he intends to joke with his companion by taking his belongings, while he is in earnest about causing him distress and anger. And because he removed the owner's hand from his property without right, so he is obligated to restore it. The scholars unanimously agreed on the obligation to return the usurped item if it remains as it was, without changing and without being occupied by anything else. If he usurps something and moves it far away, he is obligated to return it, even if he incurs expenses many times its value; because he committed a transgression by moving it far, so the harm of that is upon him. If the usurper says: "Take the cost of its return from me and receive it from me here," or offered him more than its value without him taking it back, the owner is not compelled to accept that.