to the owner of the grain, not to the usurper, because this crop is the very same property of its owner, though it was transformed into this by the will of Allah, the Exalted.
His statement, “or the egg becomes a chick”: likewise, if an egg becomes a chick—such as when a man usurps an egg, places it beneath a bird, and it becomes a chick—the chick belongs to the owner of the egg, because it is his very property.
His statement, “or the date pits become planted trees”: date pits are well known; they are the seeds of dates. Thus, if someone usurps date pits and puts them in the ground so that they become planted trees, the trees belong to the owner of the pits. If a person usurps one hundred date pits and buries them in the ground, and they become one hundred palm trees, they belong to the owner of the pits, and the usurper is entitled to nothing, because he is a wrongdoer. The Prophet, peace and blessings be upon him, said: “No wrongful planter has any right.” (1)
Is the usurper entitled to compensation in these cases?
The answer is no, because the Prophet, peace and blessings be upon him, said: “No wrongful planter has any right.”
His statement, “He must return it and compensate for its depreciation, and the usurper is entitled to nothing”: as for the obligation to return it, that is evident, since it is the property of another and must therefore be returned to him. As for his being entitled to nothing, it is because he is a wrongdoer, and the Prophet, peace and blessings be upon him, said: “No wrongful planter has any right.”
His statement, “He is liable for its depreciation”: this is an independent issue. That is, the usurper is liable for any depreciation in whatever he has usurped. If it is land and its value decreases through his cultivation of it or his alteration of it, then he is liable. If it is a book and he uses it so that it deteriorates, then he is liable for its depreciation. This is an independent issue, not a subsidiary point arising from the cases he mentioned, because regarding those cases he said, “He must return it and compensate for its depreciation,” whereas here he said, “He is liable for