Chapter 12
Ghasb (The return of wrongfully taken property) 918. Said bin Zaid
narrated that the Messenger of Allah
said, "Whoever usurps even one span of anyone's land, his neck will be encircled with it down the seven earths on the Day of Judgment." Agreed upon.
919. Anas
narrated, 'While TIle Messenger of Allah
was with one of his wives, one of the mothers of the believers (i.e. one of his wives) sent a bowl containing some food with a servant of hers. The wife (in whose house the Messenger of Allah
was sitting) struck the bowl with her hand and broke it. The Prophet
collected the shattered pieces and put the food back in it and said to them, "Eat." The Messenger of
then gave another unbroken bowl to the servant and kept' the broken one.' Related by Al-Bukhari and At-Tirmidhi, who mentioned that the one who broke the bowl was ·A'ishah
He also added in his Version, 'and the Messenger of Allah
said, "Food for food and a bowl for a bowl."
920. Rafi" bin Khadl'j
narrated that the Messenger of Allah
said, "If anyone sows in other people's land without their permission, be has no right to any of the crop, but he may get back what it cost him." Related by Ahmad, and the four Imams except for An-Nasa'i, At-Tirmidhl graded it as Hasan.
921. 'Urwah bin Az-Zubair
narrated. 'A man from the Companions of the Prophet
said, 'Two men came to the Prophet
disputing over a piece of land, in which one of them had planted palm-trees and the land belonged to the other.' The Prophet
judged that the land belonged to its original owner and commanded the other to take out his palm-trees (which he planted unjustly), and said, "No right pertains to the one who plants the land of others wrongfully." (283) Related by Abu Dawud with a good chain of narrators.
283. He either takes nut whet he cultivated or takes the amount that he spent on it.922. The quoted part of the aforementioned Hadith, is also related by the authors of the Sunan on the authority of 'Urwah bin Sa'id bin Zaid.
923. Abu Bakrah
narrated that the Messenger of Allah
said in the Sermon of the Farewell Pilgrimage at Mina, "0 peoplel Surely, your blood and property are inviolable until you meet your Lord, as the inviolability of this day and this month in this land." Agreed upon.