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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 7 · Page 411Section

Translation · EN

its property, and the prohibition against slaughtering it is in opposition to the prohibition against the squandering of wealth, and in breaking the flask with its high value, there is a squandering of wealth. And Allah knows best.

Section: If one usurps a dinar and it falls into his inkwell, or he takes someone else's dinar and accidentally drops it into his inkwell, it shall be broken, and he shall return the dinar, just as a building is demolished to return the timber beams. The same applies if it is a dirham or less. If it falls without his action, it is broken to return the dinar if its owner desires, and the liability is upon him, because it is for the sake of salvaging his property. If he usurps a dinar and it falls into another person's inkwell by the usurper's action or without his action, it is broken to return it, and the usurper bears the liability for the inkwell, because he is the cause of its breaking. If breaking it causes more harm than leaving it where it fell, the usurper shall guarantee its value and it shall not be broken. If a person throws his dinar into another's inkwell out of aggression, and the owner of the inkwell refuses to break it, he shall not be compelled to do so, because its owner committed an act of aggression by throwing it in there, so its owner shall not be compelled to destroy his own property to remove the harm of his aggression from himself, and the usurper is liable for the depreciation of the inkwell due to the dinar falling into it. It is possible that he could be compelled to break it to return the exact property of the usurper, with the usurper guaranteeing its value, just as if he had planted a tree in another's land; he possesses the right to dig up the land without the owner's permission to retrieve his plant, and he guarantees the loss caused by the digging. Under both views, if the usurper breaks it by force, he is not liable for more than its value.

Section: If he usurps a plank and uses it to patch a ship, if it is on the shore, he must remove it and return it. If it is in the middle of the sea and the plank is on its upper part such that it would not sink by its removal, it must be removed. If it is feared that it would sink by its removal, it shall not be removed until it reaches the shore. The owner of the plank may claim its value, and if it becomes possible to return the plank, he shall reclaim it and return the value, just as if he usurped a slave and he fled. Abu al-Khattab said: If there is an animal in it that has sanctity, or property belonging to someone other than the usurper, it shall not be removed, like thread. If there is property belonging to the usurper in it, or no property at all, then there are two views; one of them is that it is not removed.

Notes

(22) In B and M: "ghayri" (without). (23) Omitted from: M. (24) In B, an addition: "wa-zulman" (and oppressively).

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