What is the ruling on the rent if the usurper builds a house using the materials or soil of the usurped property?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the usurper builds a structure using the soil of the land or materials belonging to the original owner, he owes the rent for the structure (as a built house). This is because the entire structure becomes the property of the original owner (al-maghsoob minhu), and the usurper only has the influence of his action in its creation, for which he owes no rent because it occurred through aggression.