What is the primary obligation regarding a wrongfully taken item that still exists?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
When a wrongfully taken item remains extant, its immediate return is obligatory. This is based on the prophetic tradition stating, 'The hand is responsible for what it takes until it returns it,' reported by Abu Dawud, Ibn Majah, and Al-Tirmidhi, who deemed it Hasan. Another tradition states, 'None of you should take his brother's belongings in jest or in earnest; whoever takes his brother's stick must return it.' Furthermore, there is scholarly consensus on the obligation to return the wrongfully taken item if it remains unchanged and has not been replaced by something else. If the usurper causes the item to move, they are still obliged to return it, even if they must pay tenfold its value, as they are liable for the transgression of displacement.