When is removal of a usurped plank from a ship prohibited if the ship is in deep water and sinking is feared?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 3 · Bab 1

Open in Qurani

Primary text

If sinking is feared upon removal, removal is not permitted until the ship reaches the shore, and the owner of the plank may claim its value until the plank can be returned.

Supporting text

Abu Al-Khattab stated that if the ship contains an animal with sanctity ('hurmah') or property belonging to someone other than the usurper, the plank must not be removed, similar to a thread. If the ship contains the usurper's property, or no property at all, there are two views: one is that it must not be removed; the second is that it must be removed immediately because returning the usurped item is possible, thus it is mandatory even if it leads to the destruction of property, like timber ('sajja') used in construction. The Hanbali position is that since the usurped item can be returned without destruction, destruction is not permitted, just as if it contained the property of others. The case of the construction timber ('sajja') is distinguished because it cannot be returned without destruction.