and earns a return by trading with them, or seizes grain and obtains a yield by sowing it on his own land—the yield belongs to him, with no disagreement within the school.
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If, however, he did not intend to seize the property itself, he is liable for the yield he intended to appropriate, whether he rents the property out, uses it himself, or leaves it idle, and whether the property is movable or immovable. This is contrary to Abū Hanīfa’s view that someone who wrongfully rides another man’s animal or carries a load on it owes no hire for riding it or carrying his load, whether he takes it a short or a long distance, because he is liable for the animal if it dies during his wrongful use. This view is far-fetched.
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Likewise, anyone who forces a slave woman or a free woman to have intercourse with him must pay the free woman the customary dower of a woman of her standing, or compensate for the diminution in the slave woman’s value, whether she was a virgin or not, together with a severe disciplinary punishment. This is contrary to Abū Hanīfa’s view that he owes no dower when the prescribed punishment is imposed. This applies when intercourse is established against him through four witnesses who directly witnessed the act, when he confesses to it, or when she makes the allegation against him and there is evidence that he had been alone with her.
If, however, she alleges that he coerced her, took her into seclusion, and had intercourse with her, but has no evidence to support her claim, there are two possibilities. The first is that she accuses an upright man whose character is inconsistent with such conduct. The second is that she accuses a man of suspect character from whom such conduct might be expected. Each of these two possibilities is further divided into two:
The first is that she comes crying for help, clinging to him and holding him fast, exposing herself to public shame, and bleeding if she is a virgin.
The second is that she makes the allegation against him without clinging to him and, if she is a virgin, without bleeding. Thus, the issue comprises four cases in all.