Is the owner of the usurped tree entitled to compensation for the tree's utility or upkeep?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 3 · Bab 1

Open in Qurani

Primary text

The owner of the tree is not entitled to payment for the tree's utility (*ujra*). This is because compensation for the tree's utility is not permissible in valid contracts (*'uqud*), and thus it is not permissible in cases of usurpation either. Furthermore, the benefit derived from the tree—nurturing and producing the fruit—has already reverted to the rightful owner through the fruit's return.