ভূমিকা

Shiavault - a Vault of Shia Islamic Books Islamic Laws of Ayatullah Khui Usurpation (Ghasb) Usurpation means that a person may unjustly seize the property or right of another person. This is one of the major sins and one who commits it will be subjected to severe torture on the Day of Judgement. It has been quoted from the Holy Prophet that if a person usurps one span of another's land, seven layers of that land will be put round his neck like a yoke on the Day of Judgement. 2554.

If a person does not allow the people to benefit from a masjid, a school, a bridge and other things which have been constructed for the use of the public at large, he usurps their right. Similarly if a person reserves a place in the masjid for himself and does not allow any other person to use it. 2555. A thing which a person mortgages to the creditor should remain with the latter so that if the debtor does not repay the debt, he (the creditor) may realize it out of that thing.

Hence, if the debtor takes away that thing from him before repaying his debt, he usurps his right. 2556. If a third person usurps the property which has been mortgaged to a person the owner of the property as well as the creditor can demand from him the thing usurped by him and if the thing is taken back from him it becomes mortgaged again. And if that thing parishes and its substitute is taken that substitute also becomes mortgaged like the original thing itself. 2557.

If a person usurps a thing he should return it to its owner and in case that thing perishes he should compensate him for it. 2558. If some benefit accrues from a thing which has been usurped for example if a lamb is born of a sheep which has been usurped it belongs to the owner of that thing. Moreover, if, for example, a person has usurped a house and though he does not live in it, he should pay its rent. 2559.

If a person usurps something belonging to a child or an insane person, he should give it to his guardian, and if it has perished he should give compensation for it. 2560. When two persons usurp a thing jointly each one of them is responsible for half of it, though one of then alone might have been able to usurp it. 2561.

If a person mixes something usurped by him with another thing for example, he mixes the wheat usurped by him with barley and if it is possible to separate them, he should separate them though it may involve hardship to him, and should return the usurped thing to its owner. 2562.