Is a usurper obligated to fill a well dug on usurped land if the owner demands it?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

The usurper is obligated to fill the well dug on the usurped land if the owner demands it. This obligation arises because digging the well harms the land, and the soil removed remains the property of the original owner. The usurper must return the soil to its original location, similar to the soil of the land itself. This ruling applies equally if the usurper digs a river or a well on another man's property without permission.