What is the ruling if the garment owner wishes to sell the garment while the usurper refuses consent?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the owner desires to sell the garment, the usurper cannot prevent the sale because the garment is the owner's property, and the usurper's wrongful act does not grant him authority to prevent the owner from disposing of his property.

Supporting text

If the usurper desires to sell the dyed item, the owner is not compelled to agree to the sale, as the usurper is a transgressor who has no right to remove the property from the owner through his transgression. However, there is a possibility that the owner is compelled to sell so that the usurper can reach the price of his dye.