“Usurpation” refers to unjustly taking possession or control of others’ properties or rights, and it is among cardinal sins and one who commits it will be subjected to severe chastisement on the Judgment Day. There is a quotation from the Holy Prophet which says, “One who usurps a span of someone else’s land, the seven layers of that land will be put around their neck like a necklace on the Judgment Day”.

Issue 1266: If a person usurps something, they have committed a forbidden act, and they will have to return it to the owner, and if it is ruined or lost, the usurper will have to compensate for that.

Issue 1267: If the usurped property is ruined or wrecked down, the usurper will have to pay the balance to the owner.

Issue 1268: If the usurper makes some changes to the usurped property so that it becomes better than it was, for instance, if the usurper fixes and repairs a usurped wrecked bicycle, and the owner of the bicycle asks them to give back the property in the same condition (i.e. changed), the usurper must do so and they cannot claim any charges from the owner for the labor; nor is the usurper allowed to make, without the permission of the owner, any changes to the property in order to return it to its first condition.

Q1269: Is trading stolen property considered void or is it deemed as invalid?

A: It is deemed as invalid and it becomes valid with the permission of the owner.

Q1270: Is it permissible for one of the heirs who legally purchases the shares of an inherited house belonging to some of the heirs, to simply reside in that house without the consent of other heirs? If yes, what will the case of praying, fasting and performing other acts of worship be in such a house? And regarding the fact that visiting blood relatives is among strongly recommended acts, is it permissible for those relatives who are aware of the discontent of some of the heirs concerning the ownership of the house, to enter such a house for visiting the dwellers?

A: Taking possession, by one of the heirs, of an inherited property which must be shared among all heirs, is like taking possession of one’s partner’s property without their permission, and it is illegal and not permissible; and praying and performing other acts of worship in such a place will be void since it is a case of taking possession of one’s property without their permission; Visiting one’s blood relatives is not a permit to authorize such a possession.

Q1271: What is the verdict on using stolen cars discovered by the police with the permission of a judge but without their owner’s awareness of the issue? It should be said that if such cars are not used and simply kept in open air, it will lead them to break down and become old and useless.

A: In the given case, it is not permissible to use the cars, unless protection of the property is merely dependent on using and handling it; in the latter case, one must, accepting the liability to recompense any possible losses and also providing that they can afford to recompense the losses and if it is certain that the authorities are able to acquire the recompense from the person who takes possession of the property, it will be permissible with the permission of a judge; In any case, this is a matter of necessity and taking possession of such properties must be done as is deemed necessary and observing precautions concerning others’ properties and rights is a favorable act and in some cases obligatory as well.

Q1272: A person took part in a robbery nearly seventy years ago and got a share of about sixty Tomans. Now, his son intends to release his father from debt. What is to be done? It is worth noting that his son has charged a sum of 2400 Tomans to the account for the compensation of unlawful gaining (Rad-e-Madhalim) for this purpose.

A: If you know the owner of that property, you must give it back in its current value to them or their heirs, otherwise pay the same value to charity on their behalf; it should be said that you are just liable to recompense the value of his share.

Q1273: What will the verdict be if a person mistakenly or forgetfully takes possession of one’s property and the property is ruined or lost?

A: One, who mistakenly or forgetfully takes possession of people’s properties, is legally liable to recompense the loss.

Issue 1274: If a person finds some property which bears some marks on it and whose value is less than the value of 18.9 grams of coined silver, they cannot take it without the permission of its owner if the owner is known and if the finder is not certain whether the owner will consent to it or not, but if the owner is unknown, they can take it and possess it and they do not need to recompense for it if it is damaged; nor will they be liable to recompense the loss if they have not had the intention to take possession of the property and the property is damaged in one way or another without them being guilty and ignorant in this regard.

Q1275: Some of my friends’ books have been left with me and I do not know whose books they are, since I have forgotten the owners; besides, I do not have their addresses. What is to be done?

A: You should pay the value to charity on their behalf.

Q1276: We are some students residing in Qom in a house belonging to an old man who has no wife and offspring and there is lots of idle furniture in his house. Is it permissible for us to use this furniture?

A: It is not permissible to use the furniture without his permission.

Q1277: What will the verdict be if a discerning child ruins people’s properties?

A: He will be liable to recompense the loss when he reaches puberty.

Q1278: A person has given a usurped ring to another person as a gift and the latter has been wearing the ring ever since. Now, the giver regrets what he has done but cannot take back the ring from that person? Will that be necessary to pay the value to the owner if the usurper knows them? Is it permissible for the usurper to pay the value to charity on behalf of the owner if they fear that their reputation will be damaged or for any other social consideration?

A: Since the owner of the ring is known, it must be given back to them, or their consent must be obtained.

Q1279: What is the verdict on darkening the walls, porticos, and burial chambers of the shrines of the Holy Imams (PBUT) with the smoke and soot of candles or other things? Is it permissible to take away something, like a candle which belongs to a Holy Shrine, as blessing?

A: It is not permissible to darken the walls etc. of a Holy Shrine; and taking away the things which belong to a Holy Shrine, even a candle or part of it, is considered as usurpation and is legally forbidden; but the drops of a burning candle on one’s clothes or on the ground are Mubah if taken away.

Q1280: I am a bus driver and I work out of town. Sometimes passengers leave their things in the bus and I do not know the owners of those things. What is to be done?

A: If there is a place specified for that purpose, you should leave the things you find at such places so that the owners would be found; but if you lose hope to find the owner of a thing; you should give it to charity on their behalf.

Q1281: Is it permissible to take away the property which belongs to infidels (including People of the book and others)?

A: It is not permissible and must be avoided.