Who owns the fruit of a tree that was taken by usurpation (ghasb)?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

The fruit belongs entirely to the owner of the tree. This is established without known dispute because the fruit is an increase (*nama'*) derived from the owner's property. The tree itself is the essence of the owner's property, and the fruit is an expansion of it, similar to when the branches grow longer. The usurper must return the fruit if it still exists. If the fruit has been destroyed, its equivalent value must be provided.