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Shiavault - a Vault of Shia Islamic Books Islamic Laws Usurpation (Ghasb) Usurpation means that a person unjustly seizes the property or right of another person. This is one of the major sins and one who commits it will be subjected to severe chastisement on the Day of Judgement. It has been reported from the Holy Prophet (s.a.w.a.) “ that whoever 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 ”.

Issue 2554: * If a person does not allow the people to benefit from a mosque, a school, a bridge and other places which have been constructed for the use of the public, he usurps their right. Similar is the case of a person who reserves a place in the mosque for himself and does not allow any other person to use it. And also one who drives that person out from that place commits a sin.

Issue 2555: * If it has been mutually agreed by the mortgager and the mortgagee that the mortgaged property will remain with the creditor or with a third party, the mortgager (i.e. the debtor) cannot take it back before having paid the debt. And if he takes, he must return to the creditor immediately. Issue 2556: * If a third person usurps the property which has been mortgaged to a person, the owner of the property as well as the mortgagee can demand from him the thing he has usurped.

When the thing is returned from him, it becomes mortgaged again. And if that thing perishes and its substitute is taken, that substitute also becomes mortgaged like the original thing itself. Issue 2557: * If a person usurps a property, he should return it to its owner, and if it is lost he should compensate him for it. Issue 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.

Moreover, if, for example, a person has usurped a house, he should pay its rent even if he does not occupy it. Issue 2559: * If a person usurps something belonging to a child or an insane person, he should return it to his guardian, and if it has been lost he should replace it. Issue 2560: * When two persons usurp a thing jointly, and if they have full control over it, each one of them is fully responsible for the whole of it, even if one of them alone might not have been able to usurp it.