Does possessing usurped (Ghasb) or lost property break an oath not to possess wealth?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If one has usurped property, the oath is broken because ownership remains with the possessor. Regarding lost property, there are two viewpoints: one holds that the oath is broken because the underlying principle is the retention of ownership, and the second holds that it is not broken because the continuation of ownership is uncertain.
Supporting text
If the property is lost in a way that makes recovery hopeless, such as sinking into the sea, the oath is not broken, as its existence is equivalent to its non-existence. Another view suggests no breach occurs if the property cannot be recovered, similar to denied or unsecured debts, as it yields no benefit and is treated as non-existent.