((من اقْتَطَعَ حَقَّ امرئٍ مسلم بيمينه، فقد أَوْجَبَ اللهُ له النارَ، وحَرَّمَ عليه الجنةَ» فقال رجل: وإن كان شيئا يسيرا يا رسول الله؟ فقال: «وإنْ قَضِيبًا من أ

"Whoever unlawfully seizes the right of a fellow Muslim through a false oath, Allah has made Hellfire obligatory for him and has forbidden Paradise to him." A man asked, "Even if it is something insignificant, O Messenger of Allāh?" The Prophet ﷺ replied, "Even if it is a twig of an arak tree." [Muslim] This differs from lost property (اللقطة), which may be picked up without the obligation of announcing it. ---------------- المسألة الثانية: الأحكام المتعلقة بالغصب Rulings Related to Ghaṣb 1. The غاصب (usurper) must return the seized property in its original state. If it has been destroyed, the غاصب must compensate for it. 2. The غاصب must return the property with any increase, whether the increase is separate (e.g., offspring of livestock) or attached (e.g., improves the condition of an animal, making it plump and well-fed, or teaches a slave a trade). 3. If the غاصب builds or plants on the seized land, the owner has the right to demand its removal (at the expense of the غاصب). NOTE: They can also agree a settlement. 4. If the seized property decreases in value, deteriorates, or loses its worth, the غاصب is liable for the loss. 5. Ghaṣb can also occur through false claims and deceitful oaths in disputes. 6. All transactions made by the غاصب concerning the seized property are void unless the rightful owner grants permission. For example, if the غاصب seizes property and rents it out, the rental agreement is invalid. ____ الباب السادس عشر: الصلح The 16th Subchapter: Reconciliation المسألة الأولى: معناه، وأدلة مشروعيته Its Meaning and Evidence for its Permissibility: DEFINITION LINGUISTICALLY الصلح لغة: التوفيق، أي قطع المنازعة. Linguistically: Ṣulḥ in the Arabic language refers to the act of making peace/harmonising, i.e. ending a dispute. LEGISLATIVELY هو العقد الذي ينقطع به خصومة المتخاصمين. Legislatively: It is an agreement that resolves the dispute between the parties involved. NOTE: صلح is only applicable in the rights of creation that one person may have over another, which can either be waived or compensated. As for the rights of Allāh Almighty, such as penal punishments, zakat, etc., صلح does not apply. BENEFIT: Disagreement among Muslims is a disease, and its cure involves one of three stages: 1. First Stage: The مصلِح (peacemaker) initially covers the financial cost of reconciliation. - He is then entitled to seek reimbursement. 2. Second Stage: A compromise reached through mutual consent, even if only partial. - This is the essence of reconciliation, as true resolution is impossible if each party insists on fully claiming their rights. 3. Third Stage: Judicial adjudication, where a judge issues a ruling. - Mutual consent is not required at this stage. (Further details are discussed in قسم الجنايات, the section on criminal law) ----- RULING: Seeking reconciliation is PERMISSIBLE, while reconciling between Muslims is RECOMMENDED. The permissibility of صلح is proven by Qur'ān, the Sunnah and Ijmā’. Qur'ān: Allāh said: ﴿وَالصُّلْحُ خَيْرٌ﴾ "And reconciliation is best" [An-Nisa: 128] He also said: ﴿وَإِن طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا﴾ "If two parties among the believers fight, then make peace between them" [Al-Hujurat: 9] And He said: ﴿لَّا خَیۡرَ فِی كَثِیرࣲ مِّن نَّجۡوَىٰهُمۡ إِلَّا مَنۡ أَمَرَ بِصَدَقَةٍ أَوۡ مَعۡرُوفٍ أَوۡ إِصۡلَـٰحِۭ بَیۡنَ ٱلنَّاسِۚ وَمَن یَفۡعَلۡ ذَ ٰ⁠لِكَ ٱبۡتِغَاۤءَ مَرۡضَاتِ ٱللَّهِ فَسَوۡفَ نُؤۡتِیهِ أَجۡرًا عَظِیمࣰا﴾ "There is no good in much of their secret talk, except for one who enjoins charity, or good conduct, or reconciliation between people. And whoever does that seeking the pleasure of Allah – We will give him a great reward" [An-Nisa: 114]