Must a usurped plank be removed from a ship located in deep water ('lujjat al-bahr')?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the ship is in deep water and the plank is at the top such that its removal will not cause the ship to sink, then removing it is obligatory. However, if its removal is feared to cause the ship to sink, it must not be removed until the ship reaches the shore. The owner of the plank then has the right to claim its value. If the plank can then be returned, the owner must take back the plank and return the value, similar to the case where a usurped slave escapes.