What must a thief do, in effect, to compensate for a tree he stole in his youth that has grown in his home garden, and must he return it to its original place despite the difficulty in doing so?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The stolen tree must be returned to the garden as long as it is still standing, based on the Prophet's (peace be upon him) saying: "On the hand is what it took until it returns it." However, if uprooting it would lead to its death, then its value must be paid to those in charge of the garden so they can plant a replacement, and there is no need to inform them of the theft. The jurists have agreed on the obligation to return stolen property if it is still intact, and to guarantee it if it is damaged.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 108807
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy