of an orphan’s property: safeguarding it, managing it, investing it, and the like. This is lawful. Thus, when a guardian takes an orphan’s property and disposes of it through buying and selling for the orphan’s benefit, he is not considered a usurper. Likewise, when a judge takes possession of an insolvent person’s property in order to sell it and repay the creditors, this is lawful.

Thus, his statement, “the forcible seizure of another person’s property rights,” is the general category, while his statement, “without right,” is the distinguishing element.

His statement, “whether immovable or movable,” clarifies the type of property right. That is, whether the property right is immovable, such as land, trees, and houses, or movable—that which is normally moved—such as cars; furnishings, including carpets and the like; and personal items, such as a watch, a pen, and so on.

By saying, “or movable,” the author refutes the view of those who hold that usurpation applies only to immovable property. The correct view is that it may occur with both immovable and movable property.

The author, may Allah have mercy on him, did not explicitly state its legal ruling. Its legal ruling is that it is prohibited, for Allah, Exalted is He, says:

“Do not consume one another’s wealth unjustly, nor offer it to the authorities in order that you may knowingly consume a portion of other people’s wealth sinfully.” [Al-Baqarah]

And Allah, Exalted is He, says:

“O you who believe, do not consume one another’s wealth unjustly, except through trade conducted by mutual consent.” [Al-Nisa’ 4:29]

When it concerns the property of orphans and others who are legally incapable, the sin is even graver, as Allah, Exalted is He, says:

“Indeed, those who consume the property of orphans unjustly are only consuming fire into their bellies, and they will burn in a Blaze.” [Al-Nisa’]

The evidence from the sunnah is that the Prophet, may Allah’s peace and blessings be upon him, addressed the Muslims at the greatest