Can the usurper remove adornments that have no residual value after removal?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the adornments added by the usurper have no value after being stripped away, there are two scholarly opinions regarding the usurper's right to remove them. One opinion states that he owns the right to remove them because they are his property (ayn māluhu).

Supporting text

The second opinion states that he does not have the right to remove them because the act of removal would be wasteful (safah) that causes harm without benefit.