Chapter on Unlawful Seizure

Shaykh al-Islām—may Allah have mercy on him—was asked:

A man unlawfully seized another man’s crop and harvested it. Is it permissible for the poor to gather the fallen remnants?

He replied:

Yes, gleaning is permissible, just as it would be if the owner had harvested the crop. Likewise, it is permissible to graze livestock on the grass growing on unlawfully seized land. Imam Ahmad explicitly stated this ruling concerning the latter issue. This is because whatever grass and gleanings may lawfully be taken remain lawful whether or not unlawful seizure has occurred, and the owner’s rights do not preclude taking them.

He was also asked:

A man owns land that has been in his possession for thirty years. Another man came and cut down his crop on it, then cultivated the land the following year. What is he obliged to do?

He replied:

No one has the right to take unlawful possession of it. Rather, its owner is entitled to demand