مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٥٣٨ - Usurpation

that it becomes better than before but its owner asks him to change it into its original condition, it is obligatory for him to change it into its original condition. And if on account of the change its value decreases, he should give the difference in the value to the owner. Hence, ii he makes an earring of the gold usurped by him and its owner asks him to change it into its original shape, and if after melting it, its value becomes less than what it originally was before making the earring, he should pay the difference.
٢٥٦٥. If a person usurps a piece of land and cultivates or plants trees in it, the produce of farming and the trees and their fruits are his own property, and ifthe owner of the land is not agreeable to the crops and the trees remaining on his land, the person who has usurped the land, should pull them out immediately though he maysuffer loss for that and should also pay rent to the owner of the land for the period they remained on his land and should also make up for the damage done to the land e.g.he should fill the places from which the trees are pulled out and if the value of land decreases on account of that he should compensate. Moreover, he cannot compel the ownerof the land to sell it or lease it out to him, and the owner of the land too cannot compel him to sell the trees or crops to him.
٢٥٦٦. If the owner of the land agrees to the crops and trees remaining on his land it is not necessary for the usurper of the land to pull them out. However, heshould pay the rent of the land from the time he usurped it till the time the owner of the land agreed to the trees and crops remaining on it.
٢٥٦٧. If a thing usurped by a person perishes and if that thing is like a cow or a sheep the price of each one of which differs in the eyes of the wise men onaccount of their characteristics, the usurper should pay its price and if its market value has undergone a change, he should pay the cost which was at the time of its beingusurped. And the recommended precaution is