Is the deceased person's stomach to be opened if they swallowed property belonging to another without permission (through usurpation)?
General Chapter
Al-Mughni
Book of Funerals
Primary text
There are two views regarding usurped property. One view dictates that the stomach is not opened; instead, compensation is paid from the estate, arguing that if opening the stomach is waived for a living fetus, it is more appropriate to waive it for mere property. The second view permits opening the stomach if the amount is significant, as it serves to remove harm from the owner by returning their property, absolve the deceased's liability, and preserve the estate for the heirs. This second view distinguishes the case from that of a fetus because the fetus's life is not confirmed, and the property was not acquired through the deceased's wrongful action.
Supporting text
The first view, which prohibits opening the stomach, is favored when the body begins to decompose and there is a strong presumption that the property can be recovered without violating the sanctity of the body by exhuming and opening the grave if the money is likely to be found and removed from the deceased's remains.