What is the ruling on soil taken from land and used for making bricks (building material)?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If soil is taken from land and used for construction purposes, it must be returned. The taker has no right to compensation unless they mixed material (like straw, 'tibn') belonging to them into the soil, in which case they may dissolve the mixture and reclaim their material. If nothing valuable results from the mixture, there are two differing opinions, which follow the ruling on scraping off decorative layers ('tazwiq') that hold no inherent value.
Supporting text
If the owner demands the dismantling of the construction built from the soil, the usurper is obligated to dismantle it if there is a legitimate purpose for the dismantling; otherwise, there are two differing opinions.