Does the usurper have the right to remove the dye from the usurped garment?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The Hanbali scholars generally permit the usurper to remove the dye, even if it damages the garment, provided he guarantees any resulting depreciation in the garment's value. This is because the dye is considered the usurper's property, and he has the right to reclaim his property, similar to someone who plants in another's land. This right is generally upheld whether the dye is destroyed upon removal or not.
Supporting text
A subsequent opinion suggests that removal should not be permitted if the dye is destroyed upon pulling it out, as this constitutes wastefulness (sufh). Furthermore, the apparent view of Al-Khiraqi suggests the removal is not permitted if it harms the garment, drawing an analogy from the ruling on a buyer who builds or plants on land subject to pre-emption (shuf'a); the removal is only allowed if there is no harm.