Is the usurper entitled to compensation for his labor when transforming usurped property?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The usurper is not entitled to anything for his work, whether the item's value increased or not. This is the madhhab of Al-Shafi'i. The basis for this is that the usurper acted upon the property of another without permission, thus he deserves no compensation, analogous to someone who causes oil to increase in value through processing, builds a wall on another's land, or sows another's grain on their own land; all such labor is invalid.
Supporting text
Abu Al-Khattab mentioned that the usurper shares ownership with the owner regarding any increase in value because the increase resulted from the usurper's use of his own faculties (manafi'), which are treated as corpus (a'yan) in this regard, similar to dyeing a usurped garment. This view is rejected. The argument concerning compensation for expenses when sowing another's land is met by stating that the resulting crop is the property of the sower, and any compensation for expenses is offset against the value of the crop taken by the landowner. Furthermore, in the case of dyeing fabric, the dye itself is considered property, and its ownership does not transfer merely by being mixed with another's property.