in clearing it of the trees and the building. But if he wishes to build on it, are we to require the usurper to demolish it? The answer is: we do not require him to do so. Thus, if the usurper says, “I do not want the building or the trees. The trees are yours, and the building is yours; but do not compel me to bring pickaxes and workers to uproot the trees and demolish the building,” we say: If this would frustrate a purpose of the landowner—for instance, if the landowner says, “I want to plant date palms on it, whereas it is now planted with orange trees,” or says, “I want to plant a particular variety of date palm rather than the variety presently growing on it”—then he has the right to compel the usurper to uproot the plants.
The same applies to the building. If he says, “I want to build a house on it, but not in this manner; this building does not suit me,” whether because of the poor quality of its construction or its design, for example, does he have the right to compel him? Yes. But if we know that he has no purpose other than causing harm, and that the landowner wishes to build on it in this same manner, or to plant it with this type of tree, but wants to harm the usurper and impose expense upon him, then we prevent him and say: You do not have the right to compel the usurper to remove the building or the plants. The evidence is as follows:
First: the statement of the Prophet, peace and blessings be upon him: “There should be neither harm nor reciprocating harm.” (1) There is no doubt that in doing so, he has harmed the other party and has also harmed himself.
Second: the Prophet, peace and blessings be upon him, prohibited the waste of wealth. (2) This involves